Hoe do I know if I am considered to be an

UPDATED: Sep 30, 2022

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Hoe do I know if I am considered to be an

I signed an independent contractor’s agreement that allowed me to work as few or as many hours as I wanted. Now, a year later, my employer has changed our requirements. We must work 10:00 am to 6:00 pm with an hour lunch and 30 minutes of inactivity a day. We must also achive set activity levels. If we do this we are paid for the day. If we do not, we are not paid for the day. What I want to know, am I by law an employee?

Asked on April 5, 2017 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are most likely an employee. You can find the criteria to be an employee vs. an independent contractor on the U.S. Dept. of Labor website (and should review and compare to all aspects of your job), but the issue boils down to one of control: an independent contractor possess an "independence" an employee does not. One of the main indicia of being an employee is employer control over when and where you work; another is their ability to oversee or manage how you work (e.g. your "activity levels"). Based on what you write, it appears that the employer is exercising sufficient control that you should be considered--and paid, provided benefits, etc. as--an employee.

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