Civil Rights - Worker Classification

Eleven Additional Factors

Factor Eight - Integral part of the employer's business

The eighth of eleven additional factors used to determine if a worker is an employee or a non employee is whether the work is an integral part of the business of the employer.

Explanation of Factor Eight

The services provided to the employer by the worker must be substantially different from the employer's business for the worker to be considered a non employee. 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 employer'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.

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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