Why do you think you need a lawyer?
Generally, an employee is one who is engaged in a business of his own, is one who "follows the usual path of an employee" and is dependent on the business that he serves. An individual is an Independent Contractor if the payer of the services has the right to control only the result of the work and not what will be done and how it will be done. Although no single factor is controlling, the Supreme Court has set forth factors to be considered significant in making the Independent Contractor determination.
- The extent to which the worker's services are an integral part of the employer's business.
- The permanency of the relationship.
- The amount of the worker's investment in facilities and equipment.
- The nature and degree of control by the principal.
- The worker's opportunities for profit and loss.
- The level of skill required in performing the job and the amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent enterprise.
DO NOT EVER make the mistake of treating your Employee as an Independent Contractor. Doing this may lead to serious problems, including trouble with the U.S. Department of Labor, or the Texas Workforce Commission.