‘Right to control test’ determines classification as independent contractor

Q         We need someone to work as an assistant between five and eight hours each week. Can we hire someone as an independent contractor, or does the person have to be classified as an employee?

A   In Idaho, a worker’s status as an independent contractor or employee is determined by “the right to control test.” The test analyzes four main factors to determine whether a worker is subject to the direction and control of an employer. Simply identifying one as an “employee” or “independent contractor” will not definitively resolve how a worker is classified. Unless you are contracting with an outside entity to complete services that are not typically performed by your employees, you will likely need to consider the assistant to be an employee.

In most cases, a person who works for only one employer, according to a set schedule, and whose performance is directly supervised, will be classified as an employee. An independent contractor is generally a person providing goods or services to an entity under specific terms in a contract where schedule control, hours worked, job acceptance, job performance, and job completion are controlled by the contractor.