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Checklist with Regard to an Independent Contractor

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This document sets forth a checklist of issues a company should consider in drafting a contract for services by an independent contractor. It is important to determine whether the company had the right to direct and control workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company has the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, this tends to indicate an employer-employee relationship. On the other hand, the absence of supervision and control by the company would support a finding that a worker is an independent contractor. This checklist should be used by companies to be sure workers hired for service will be classified as independent contractors.

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