Let’s start with some basics. Although there are many tests for determining whether a worker is an employee, the most common types of tests are Right to Control Tests.
These tests seek to determine who has the right to control the means and manner by which work is performed. If the company has more control, the worker is generally an employee. If the worker has more control, the worker is more likely an independent contractor. That’s an overstatement, but it captures the gist of the issue.
Who Is My Employee? 