Civil Rights - Worker Classification

Eleven Additional Factors

Factor Seven - Annual Leave

The seventh of eleven additional factors used to determine if a worker is an employee or a non employee is whether annual leave is afforded.

Explanation of Factor Seven

Receiving annual leave or vacation from the employer is an indication that the worker is an employee. Annual leave is a benefit that employees receive from their employers; non employees generally do not receive benefits from their employers. Receiving annual leave and/or other benefits is an indication that the worker is economically dependent on 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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