Assignment # 4 Employee or Independent Contractor?
Lily Lum BLAW 200
CRITERIA USED BY THE COURTS:
1. How much control does the employer exercise over the details of the work? (Employee if
Employer exercises control)
2. Is the worker engaged in an occupation or business distinct from the employer? (if yes, then
the person is an Independent Contractor)
3. Is the work usually done under the employer’s direction or by a specialist without
supervision? (If under the employer’s direction, the person is an Employee)
4. Does the employer supply the tools at the place of work? (If yes, the person is an Employee)
5. For how long is the person employed? (If long, the person is an Employee)
6. What is the method of payment – by time period or at the completion of the job? (If by the
hour, the person is an Employee; it a lump sum is paid at the end (or beginning) of a job, the
person is an Independent Contractor
7. What degree of skill is required? (If the degree of skill is great or unique, the person is an
Independent Contractor.)
FACT PATTERNS
1. Art shows up at the factory every day at 7 a.m. Each day he places the front hood on the
car as it moves down the assembly line. The assembly line moves at a steady pace, so he
has only 12 minutes to position the hood on the car and bolt it into place. He has worked
there so long (17 years), that Art requires no supervision. He doesn’t mind the tedious work,
though, because he gets paid $35 per hour, and the factory is air conditioned!
How much control does the employer exercise over the details of the work? (Employee if
Employer exercises control)
Employer exercises control by Controlling Time restraints: Art needs to complete a hood in
12 minutes[even though he requires no supervision, his Seniority may be taken into
Consideration]
Is the worker engaged in an occupation or business distinct from the employer? (if yes, then the
person is an Independent Contractor)
The employer’s business is a factory that makes cars. Art’s position is critical but not a
specialized job to where he is painting or specializing a part. He is simply completing a task
in an assembly line therefore an employee
Is the work usually done under the employer’s direction or by a specialist without supervision?
(If under the employer’s direction, the person is an Employee)
Art works unsupervised but that does not mean he is a specialist without supervision. The
company directs him to do 1 task repeatedly and that’s just to bolt the hood precisely as
instructed within a 12 minute window, and repeat until the working hours are done.
Does the employer supply the tools at the place of work? (If yes, the person is an Employee)
Assignment # 4 Employee or Independent Contractor?
Lily Lum BLAW 200
Insufficient Information given. Unable to tell if he uses his own tools or if provided by
company, but given the circumstances that he is a long time employee specializing in bolting
down hoods I’m assuming it is company tools he is using
For how long is the person employed? (If long, the person is an Employee)
Art has been employed at least 17 years therefore employee
What is the method of payment – by time period or at the completion of the job? (If by the hour,
the person is an Employee; it a lump sum is paid at the end (or beginning) of a job, the person is
an Independent Contractor
Art is paid Hourly therefore an employee
What degree of skill is required? (If the degree of skill is great or unique, the person is an
Independent Contractor.)
To my understanding in the Automotive field. This type of work does not require much skill
other than the ability to follow instructions. Exp: follow safety regulations, complete the task
accordingly & repeatedly, and I don’t believe there is a degree you must achieve to do 1 part
of the assembly line that is just to attach a hood
2. Pete, the Pied Piper, is an itinerant teacher on contract with several cities including Hilo. He
