Hello and thank you for your question! There is no magic number when it comes to these criteria. Someone doesn’t necessarily have to meet every single one to be considered independent, but the more they meet - the stronger the classification decision. The DOL does weight some of the criteria more than others but they don’t share that info. The key is to really focus on the amount control, the degree of permanence and the skill required to do the work (and whether or not the IC is marketing that skill to other clients or whether it is only you they are working for). Also, as I shared in the video, this ruling is being challenged in the courts so we will make sure to share updates as we receive them. If you haven’t already signed up for our email list, you can do so at www.workwithhrm.com. That way you will receive these videos straight to your inbox with all associated resources. Have a great day!
Do you have to pass a number of the questions, or would one pass make them an independent contractor?
Hello and thank you for your question! There is no magic number when it comes to these criteria. Someone doesn’t necessarily have to meet every single one to be considered independent, but the more they meet - the stronger the classification decision. The DOL does weight some of the criteria more than others but they don’t share that info. The key is to really focus on the amount control, the degree of permanence and the skill required to do the work (and whether or not the IC is marketing that skill to other clients or whether it is only you they are working for).
Also, as I shared in the video, this ruling is being challenged in the courts so we will make sure to share updates as we receive them. If you haven’t already signed up for our email list, you can do so at www.workwithhrm.com. That way you will receive these videos straight to your inbox with all associated resources. Have a great day!