Labor Standards - Worker Classification

Six Part Test

Part Five - Degree of Permanence

The degree of permanence of the relationship between the parties.

Explanation of Part Five

The fifth part of the six part test to determine if a worker is an employee or an independent contractor is the degree of permanence of the relationship between the parties.

The following are a list of factors presented in question form that can assist in the determination of the degree of permanence of the relationship between the employer and the worker. The list of questions is not exhaustive and no single question is determinative.

  1. Is there is a continuing, open ended relationship between the employer and the worker?
  2. How long has the job lasted? Is an ending date contemplated upon completion of the work?
  3. Is the contract, if any, between the employer and the worker subject to periodic review or automatic renewal?
  4. Does the contract, if any, between the employer and the worker provide consequences for termination of the relationship?
  5. Does either the employer or the worker have the right to end the relationship between them?
  6. Does the employer have the sole right to discharge or terminate the worker's employment?
  7. Do both the employer and the worker believe they are creating an employer/employee relationship?

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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