Civil Rights - Worker Classification

Eleven Additional Factors

Factor Five - Method of Payment

The fifth of eleven additional factors used to determine if a worker is an employee or non employee is the method of payment, whether by time or by the job.

Explanation of Factor Five

If a worker is paid by the employer based upon the amount of time spent on the job, that is strong evidence the worker is an employee. "Time" can mean an hourly wage, or a salary that is paid on a regular, recurring basis.

If the worker is paid by the employer based on a per job or per assignment basis, that is evidence that the worker is a non employee. An express contract to pay by the job is strong evidence that an employer/employee relationship does not exist.

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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