Contingent Workforce/Independent Contractor Rules - Nebraska

Nebraska’s Wage and Hour Act does not provide statutory guidance for determining a worker’s status. Nebraska courts have applied a 10-factor test in determining the status of a worker for purposes of wage and hour. The 10 factors include:

1. The extent of control which, by the agreement, the employer may exercise over the details of the work;
2. Whether the one employed is engaged in a distinct occupation or business;
3. The type of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;
4. The skill required in the particular occupation;
5. Whether the employer or the one employed supplies the instrumentalities, tools, and the place of work for the person doing the work;
6. The length of time for which the one employed is engaged;
7. The method of payment, whether by the time or by the job;
8. Whether the work is part of the regular business of the employer;
9. Whether the parties believe they are creating an agency relationship; and
10. Whether the employer is or is not in business.