Under the common-law agency test,the most critical factor in determining employee status is whether a(n):

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The most persuasive indicator of independent-contractor status under the common law agency test, is the ability to control how the work is performed. The common-law test is specifically and consistently used to determine employee status in connection with employment taxes (e.g., FUTA and FICA), as well as in federal income tax withholding.

Under the Common-Law Agency Test,the Most Critical Factor in Determining