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DWD Worker Classification
Civil Rights - Worker Classification
Eleven Additional Factors
Factor One - Direction of a supervisor
The first of eleven additional factors used to determine if a worker is an employee or a non employee is the kind of occupation, with reference to whether the work usually is done under the direction of a supervisor or is done by a specialist without supervision.
Explanation of Factor One
If supervision of the worker by the employer is required, then it is an indication that the worker is an employee.
An employee is required to comply with the instructions or orders of the employer. Instructions may be given in various forms, such as written policies and procedures. An employer does not generally provide a non employee with instructions on how to perform the work. Non employees are generally considered to be specialists who are able to perform their jobs without supervision.
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.