Contingent Workforce/Independent Contractor Rules - Vermont

Vermont’s Minimum Wage Act does not define “independent contractor.” Vermont courts will apply a right-to-control test to see whether the party for whom the work is being done controls the result, means and methods by which a worker performs the work. Other factors considered include:

• The extent of control which, by the agreement, the master may exercise over the details of the work;
• Whether or not the worker is engaged in a distinct occupation or business;
• The kind of occupation, with reference to whether 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 relation of master and servant; and
• Whether the principal is or is not in business.

Employee: Every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services.