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For example, if an employer requires workers to use specific tools or adhere to a strict schedule, that would be indicative of behavioral control. While no single test, nor even the combination of a majority of tests, will necessarily be determinative, a \u201cyes\u201d answer to any one of the questions (except #16) may mean one of your workers is an employee and should be treated as such for independent contractor vs employee<\/a> tax purposes. The keys are to look at the entire relationship and consider the extent of the right to direct and control the worker. Finally, document each of the factors used in coming up with the determination. The Department of Industrial Relations (DIR) recognizes the importance of communicating effectively with individuals, including those with limited English proficiency.<\/p>\n Additional factors may be considered as well if they are relevant to whether the worker is in business for themself or is economically dependent on the employer for work. There are certain facts, however, that are not relevant to whether an employment relationship exists. What the worker is called is not relevant\u2014a worker may be an employee under the FLSA regardless of the title or label they are given. Additionally, such facts as the place where work is performed, whether a worker is licensed by State\/local government, and the time or mode of pay do not determine whether a worker is an employee or an independent contractor under the FLSA. This factor considers whether any investments by a worker are capital or entrepreneurial in nature.<\/p>\n\n