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

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Courts typically apply the control or organization test to determine the nature of the relationship between a worker and the person or entity for whom he or she performs services. This test focuses on the level of control that the employer has over the worker's activities and the overall organization of the work. The courts will look at the substance of the relationship rather than the form of the agreement or contract between the parties.

In Deciding Whether a Worker Is an Employee or an Independent