Contingent Workforce/Independent Contractor Rules - New York

There is no statutory definition of independent contractor in New York’s state wage and hour law. Case law generally applies a common-law right-to-control test in determining employee status, including whether the worker:

• Worked at his or her own convenience;
• Was free to engage in other employment;
• Received fringe benefits;
• Was on the employer’s payroll; and
• Was on a fixed schedule.

Employee: Any individual employed or permitted to work by an employer in any occupation.