The DOL reviews workers to determine if they meet the criteria of employees. There is no one single rule or test to determine whether someone is an independent contractor or employee. The Court has held that it is the total activity or situation that determines the proper status. Among the factors considered significant are:
Are services rendered an integral part of the principal's business
The degree of independent business organization and operation
The amount of the contractor's investment in facilities and equipment
The contractor's opportunities for profit and loss
Is the contractor aware of odds to making a profit
The permanency of the relationship