It’s a really difficult question because there are different tests under different laws, and the tests keep changing, says employment lawyer Todd Lebowitz (tlebowitz@bakerlaw.com) of BakerHostetler, who runs the blog WhoIsMyEmployee.com.

In general, the tests most often ask whether the hiring party has the right to control how the work is done and whether the contractor is in an independent trade or business. This is an oversimplification, but here are five clues that may indicate you have an independent contractor who is misclassified:

• You direct how, when or where work is done. True contractors have control over their time, and they decide how to complete a project without supervision or direction.
• An outsider wouldn’t be able to tell your contractors from your employees, i.e., they do the same work.
• The individual only works for you. A contractor should have multiple clients.
• The individual has been with you for a long time and gets assigned to work on more than one project.
• The individual uses your equipment. Contractors should have their own gear.

The IRS, EEOC, Supreme Court and state agencies all govern — and have their own criteria — for determining independent contractor status, says HR Consultant Ruth Bassham. Because of that, there is no single test list that can be used, and the final determination depends on the full picture, not any single component of the work.

Under all governing bodies, the key element is the amount of control the employer has over the worker. Generally speaking, a company that contracts with an independent contractor tells the contractor what the scope of work is, but doesn’t have any control over how the contractor achieves the desired result.

A short list to consider in qualifying a worker as an independent contractor:

• The worker is free from the control and direction of the hiring entity relative to schedule, methods, quality control, etc.
• The work requires a high level of skill or expertise.
• The worker neither supervises nor is supervised by the hiring entity’s employee.
• The worker has a distinct occupation or business of his own and furnishes tools, materials, and equipment to perform the work.
• The worker stands to make a profit or sustain a loss from the services provided.
• The worker provides services for other companies so is not financially dependent upon the hiring company.
• The worker may assign tasks to sub-contractors or his own employees.
• The work is outside the employer’s integral business purpose.
• The worker and employer understand they are creating a temporary contractual relationship rather than an employer/employee relationship for an indefinite period; and the contractor is responsible for his own taxes, insurance, benefits, and expenses.