Civil Rights - Worker Classification

Eleven Additional Factors

Factor Three - Furnishes the equipment used and the place of work

The third of eleven additional factors used to determine if a worker is an employee or a non employee is whether the "employer" or the individual in question furnishes the equipment used and the place of work.

Explanation of Factor Three

If the worker invests his or her own money into equipment, such as tools or vehicles, that is an indication that the worker is a non employee.

If the worker uses his or her own tools or equipment while performing services for the employer, that is an indication the worker is a non employee.

If the worker is reimbursed by the employer for tools and supplies the worker uses on behalf of the employer, that is an indication the worker is an employee.

If the worker uses tools or equipment furnished by the employer, that is an indication the worker is an employee.

If the employer furnishes the worker with a place to perform the work (office, factory, warehouse, etc), that is an indication that the worker is an employee.

If the worker utilizes his or her own facilities to perform the work for the employer, that is an indication that the worker is a non employee.

Case Studies

The department has provided case studies from state and federal court decisions and from LIRC decisions relevant to the factors that make up the employee/ non employee test. View the case studies.


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