Review the 20 factors that help determine is sufficient control is present to establish an employer-employee relationship.
Unless otherwise controlled by statute, typically the governmental agency or court determining whether an individual is an employee, or an independent contractor will use what is commonly referred to as the common law test. Pursuant to the common law test, one must consider all facts and circumstances, with particular importance on whether the company actually “directs and controls” the methods, means and manner of an individual’s performance. This video reviews the common law test, the IRS 20 Factor Test and the notorious ABC test.
Julie A. Proscia, Esq.
- Partner in the office of SmithAmundsen LLC
- Practice emphasizes all aspects of labor and employment, public and private sectors
- Conducts regular seminars and workshops on numerous topics, including supervisor training, wage and hour compliance, and independent contractor issues
- Author of several publications related to the areas of gender identity issues and changes in the workplace, minimizing risk in employment interviews, sexual harassment in both public and private sector issues, biometrics/data privacy issues, and social media and municipalities
- Member of the Illinois Senate Task Force on Sexual Discrimination and Harassment Awareness, has been selected to the Illinois Super Lawyers List for multiple years, Selected to the Illinois Super Lawyers “Rising Stars” List, and recognized as “40 Illinois Attorneys Under 40 to Watch”
- Can be contacted at [email protected] or 630-587-7911
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