John Ho, a member of Cozen O'Connor's Labor & Employment Department, discussed with Bloomberg Law whether a worker is an independent contractor or an employee is highly fact sensitive. Generally, no single factor is dispositive and the totality of circumstances must be considered. Jurisdictions often use different tests when determining independent contractor status, which further complicates the issue. Corporate counsel can utilize this checklist when determining what factors generally support or contradict independent contractor status. This checklist isn't intended to comply with the laws of any specific jurisdiction, but rather to provide a broader perspective on factors which may affect the determination of independent contractor status.
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