Whether a person is an employee (a "servant") or an independent contractor is dependent on the facts, not on the agreement between the parties.

Question

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The determination of whether someone is an employee or independent contractor is based on a number of factors, such as the degree of control the employer has over the worker's work and the worker's independence. The agreement between the parties is not the sole determining factor.

Whether a Person Is an Employee (A "Servant") or an Independent