Other factors: The court also identified other “secondary factors.” These include:

• whether the one performing services is engaged in a distinct occupation or business;
• the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision;
• the skill required in the particular occupation;
• whether the principal or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work;
• the length of time for which the services are to be performed;
• the method of payment, whether by the time or by the job;
• whether or not the work is a part of the regular business of the principal; and
• whether or not the parties believe they are creating the relationship of employer-employee.

The totality of circumstances is considered. This leaves California employers guessing as to whether a party is an independent contractor or employee. To be on the safe side, chose “employee” status in the absence of advice from a California lawyer.

(Reviewed 9-08)