The right to control exercised by the employer is the most important factor of the test to determine if a worker is an employee or a non employee. In Spirides v. Reinhardt, a case decided by the United States Court of Appeals for the District of Columbia, the court held that if an employer has the right to control and direct the work of an individual, not only as to the result to be achieved, but also as to the details by which the result is achieved, an employer/employee relationship is likely to exist.
The following are a list of factors that can assist in the determination of an employer's degree of control over the worker. The list of questions is not exclusive, and no single question is determinative.
If, after applying these factors to the specific employment situation, the responses lead to the conclusion that the employer controls the worker, the worker is in all likelihood an employee.
However, the entirety of the circumstances regarding the relationship between the worker and the employer must be considered. Eleven additional factors must be examined before a final determination is reached.
The department has provided case studies from state and federal court decisions and from LIRC decisions relevant to the factors that make up the "right of control" test. View the case studies.
After completing the analysis of the employer's right to control the worker, go on to the next test for eleven additional factors.