California, United States of America
The following excerpt is from Smith v. Union Oil Co., 241 Cal.App.2d 338, 50 Cal.Rptr. 499 (Cal. App. 1966):
In determining whether or not an individual is an employee or an independent contractor, the primary test is that of the right of control. Secondary tests are whether the worker is engaged in special skills, whether he controls hiring and discharging his help, whether he provides his own equipment, whether or not the payment is by time or job, and whether or not there is a written contract describing him as an [241 Cal.App.2d 345] independent contractor. (Conasauga River Lumber Company v. Wade (6th Cir.1955) 221 F.2d 312.) Decedent had special skills and controlled his own help, the tender, but he did not provide all his own equipment. There was a written purchase order describing decedent as an independent contractor, but this was never signed by decedent.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.