Issue link: http://read.dmtmag.com/i/131533
48 • JUNE 2013 • WORLD FENCE NEWS Proper classification of workers continued from page 46 and the degree of independence must be considered. Facts that provide evidence of the degree of control and independence fall into three categories: Behavioral control, financial control, and the type of relationship of the parties. These facts are discussed next. First, there is behavioral control. Best Selling Gas Powered Driver 1000's Sold Worldwide 1st in Quality – 1st in Service GUARANTEED! On the market for over 2 years! Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired include the type and degree of instructions that the business gives the worker. An employee is generally subject to business instructions about when, where, and how to work. All of the following are examples of types of instructions about how to do work: when and where to do the work; what tools and equipment to use; what workers to hire to assist with the work; where to purchase supplies and services; what work must be performed by a specified individual; and what order and sequence to follow. The amount of instruction needed varies among different jobs. Even if no instructions are given, sufficient behavioral control may exist if the employer has the right to control how the work results are achieved. A business may lack the knowl- edge to instruct some highly specialized professionals; in other cases, the task may require little or no instruction. The key consideration is whether the business has retained the right to control the details of a worker's performance or instead has given up that right. As to the training that the business gives to the worker, an employee may be trained to perform services in a particular manner. Independent contractors ordinarily use their own methods. As to the training that the business gives to the worker, an employee may be trained to perform services in a particular manner. Independent contractors ordinarily use their own methods. A second category of control and Don't Settle For Less! GET THE ORIGINAL… PIONEER LATCHES HEAVY DUTY TAMPER RESISTANT GATE LATCH Tested To Over 2,000 lbs! NEW! NEW! Patent Pending *DON'T SETTLE FOR LESS* Powerful 1720 BPM. Weighs 35 Pounds. 2 Models Available. Drive posts up to 27⁄8 OD USA HONDA OEM Certified. Call for our special pricing and packages. Call 702-293-3222 or visit www.RediDriver.com Double Drive Latch / 18 lbs. Walk Gate Latch / 8 lbs. Durable Hot-Dipped Galvanized Steel Construction Is Made To Last. More Security • More Convenience • Eliminates Drop Rods & Chains Pre-drilled To Be Bolted or Welded to 15⁄8" or 2" Gate Frames. Distributors Wanted International Security Products Scan from your Smart Phone Call 800-733-7422 • www.ispfence.com • Fax: 763-425-9006 Many items in stock - caps, finials, rings, wall mounts, column bases ….. Custom made parts Short volume runs In-house tool & die shop Phone: 301-334-9100 Fax: 301-334-7846 www.cpalmerdiecastinginc.com independence is called financial control. Facts that show whether the business has a right to control the business aspects of the worker's job include: 1) The extent to which the worker has unreimbursed business expenses. Independent contractors are more likely to have unreimbursed expenses than are employees. Fixed, on-going costs that are incurred regardless of whether work is currently being performed are especially important. However, employees may also incur unreimbursed expenses in connection with the services that they perform for their employer. 2) The extent of the worker's investment. An independent contractor often has a significant investment in the facilities or tools he or she uses in performing services for someone else. However, a significant investment is not necessary for employee status. 3) The extent to which the worker makes his or her services available to the relevant market. An independent contractor is generally free to seek out business opportunities. Independent contractors often advertise, maintain a visible business location, and are available to work in the relevant market. 4) How the business pays the worker. An employee is generally guaranteed a regular wage amount for hourly, weekly, or another period of time. This usually indicates that a worker is an employee, even when the wage or salary is supplemented by a commission. An independent contractor is often paid a flat fee or on a time and materials basis for the job. However, it is common in some professions, such a law, to pay independent contractors hourly. 5) The extent to which a worker can realize a profit or loss. The third of these important determining factors is the type of relationship between the parties. Acts that show the type of relationship include : a) Written contracts describing the relationship the parties intended to create. b) Whether or not the business provides the worker with employee type benefits such as insurance, a pension plan, vacation pay, or sick pay. c) The permanency of the relationship. If you engage a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that your intent was to create an employeremployee relationship. d) The extent to which services performed by the worker are a key aspect of the regular business of the company. If a worker provides continued on page 50