In Deciding Whether a Worker Is an Employee or an Independent

In deciding whether a worker is an employee or an independent contractor, a judge will

A) be substantially influenced by the fact that independent contractors almost always earn more than employees for doing the same work.
B) be most influenced by the fairness of imposing vicarious liability as a result of the worker's tortious conduct.
C) usually resolve the issue on the basis of presumptions.
D) always give effect to the literal terms of the parties' contract.
E) none of the above.