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DWD Worker Classification
Labor Standards - Worker Classification
Six Part Test
Part Six - Integral Part
Whether the services constitute an integral part of the employer's business.
Explanation of Part Six
The final part of the six part test to determine if a worker is an employee or independent contractor is whether the services constitute an integral part of the employer's business.
The services provided to the employer by the worker must be substantially different from the employer's business for the worker to be considered an independent contractor. The services provided by the worker to the employer should not be directly related to, or integrated into, the employer's business.
The services provided by the worker are directly related to, or integrated into, the employer's business when the success or continuation of the employer's business depends upon the performance of those services.
For example, where an employer that manufactures furniture engages a worker to fabricate upholstery for chairs that the employer sells, the worker's services performed to make or assemble the upholstery material for the chairs is directly related or integrated into the employing unit's product.
On the other hand, where a worker is hired to paint the building in which the employer's manufacturing business is located, the painting work is not integrated into the business activity of the employer.
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.