What factors are considered to determine whether an employee has a right of control and whether they are independent contractors?

California, United States of America


The following excerpt is from Arzate v. Bridge Terminal Transp., Inc., 121 Cal.Rptr.3d 400, 17 Wage & Hour Cas.2d (BNA) 398, 192 Cal.App.4th 419 (Cal. App. 2011):

The individual factors " 'cannot be applied mechanically as separate tests; they are intertwined and their weight depends often on particular combinations.' " 1 ( S.G. Borello, supra, 48 Cal.3d at p. 351, 256 Cal.Rptr. 543, 769 P.2d 399; see also State Compensation Ins. Fund v. Brown, supra, 32 Cal.App.4th at p. 202, 38 Cal.Rptr.2d 98 ["the process of distinguishing employees from independent contractors is fact *427 specific and qualitative rather than quantitative"; right of control "retains significance, but is no longer determinative"].)

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