['Contingent Workforce']
['Independent Contractors']
06/14/2024
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Oklahoma statute defines independent contractor and excludes ICs from the protections that employees derive from the state wage and hour laws.
Employee: Any person permitted to work by an employer. Employee shall not include: Business owners, independent contractors, volunteers, co-partners, or joint venturers.
Independent contractor: One who renders service in the course of independent employment or occupation according to his own methods and is subject to his employer’s control only as to the end product or final result of his work and not as to the means whereby it is to be accomplished. The following factors are considered significant in determining the employment relationship and whether a person is an employee or an independent contractor:
- The nature of the contract between the parties, whether written or oral;
- The degree of control which, by the agreement, the employer may exercise on the details of the work or the independence enjoyed by the contractor or agent;
- Whether or not the one employed is engaged in a distinct occupation or business for others;
- The kind 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;
- The skill required in the particular occupation;
- Whether the employer or the worker supplies the instrumentalities, tools and the place of work for the person doing the work;
- The length of time for which the person is employed;
- The method of payment, whether by the time or by the job;
- Whether or not the work is a part of the regular business of the employer;
- Whether or not the parties believe they are creating the relationship of master and servant; and
- The right of either party to terminate the relationship without liability.
No one factor is controlling, and the relationship must be based on the set of facts peculiar to the case.
Related information
Citations
- Okla. Admin. Code Title 380 Chap. 30
- Part 795 — Employee or independent contractor classification under the Fair Labor Standards Act
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