Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
3315.0555 DETERMINING WORKER STATUS.
Subpart 1.
Essential factors.
When determining whether an individual is an employee or an independent contractor, five essential factors must be considered and weighed within a particular set of circumstances. Of the five essential factors to be considered, the two most important are those:
A.
that indicate the right or the lack of the right to control the means and manner of performance; and
B.
to discharge the worker without incurring liability. Other essential factors to be considered and weighed within the overall relationship are the mode of payment; furnishing of materials and tools; and control over the premises where the services are performed.
Other factors, including some not specifically identified in this part, may be considered if a determination is inconclusive when applying the essential factors, and the degree of their importance may vary depending upon the occupation or work situation being considered and why the factor is present in the particular situation.
History:
13 SR 1057; 17 SR 1279; L 2004 c 206 s 53; 31 SR 285; L 2012 c 201 art 3 s 16
Published Electronically:
May 15, 2012
Official Publication of the State of Minnesota
Revisor of Statutes