Roofing Issues.Sally agrees to roof a house for Bob.After doing his research,Bob chooses Sally based on her great reputation for being conscientious and doing good work.Bob knows little about roofing and stays away from all the noise involved.Sally provides her own tools for herself and other workers,sets her own schedule,and charges a flat rate of $10,000 to be paid when the job is completed.Sally hires Trudy,Glen,and Fred to help with the roofing.She pays them an hourly rate,supervises their work,provides them with tools and materials,and sets their schedules.Curious about what is going on there,Bob's friend Spencer walks by the house while the roofing is being done.Glen absentmindedly throws some old shingles off the roof and hits Spencer in the head,resulting in him going to the local emergency room and receiving a couple of stitches in his scalp.Spencer decides to sue all the roofers,Bob,and Sally for his hospital expenses and for pain and suffering.Which of the following is the most likely characterization of Sally in relation to Bob?
A)She is both an employee and an independent contractor.
B)She is an employee.
C)She is an independent contractor.
D)She is an undisclosed principal.
E)She is both an employee and a disclosed principal.

Question

Quizplus · Accepted Answer

The following facts point to Sally's status as an independent contractor: Bob's lack of substantial control over the day-to-day operations of the job and his lack of supervision,Sally's engagement in a distinct occupation,Sally's provision of her own tools,and Sally's entitlement to compensation only upon completion of the job.