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Independent Contractor vs. Employee
Below is a general comparison of an independent contractor versus an employee.
 

INDEPENDENT CONTRACTOR


EMPLOYEE

Free from direction and control

Means and manner of work are controlled by employer
Does tasks in own way

Does tasks the employer's way
Has necessary skills and training to complete job

Trained by employer to perform job
Has an assumed business name

Works under the employer's assumed business name
Has a business location

Works at employer's business location
Performs services for multiple customers

Works for one employer, may serve that employer's customers
Sets own hours

Works hours set by employer
Determines own price for contracted services

Accepts wage, salary, or commission determined by the employer
Not eligible for employee benefits

May be covered by minimum wage, overtime, safety, unemployment, and workers' comp
Directly affected by business profit or loss

Not directly affected by employer's profit or loss
Owns equipment and tools used to complete job

Employer provides and controls equipment and tools
Purchases materials and supplies needed to do job

Employer purchases materials and supplies
Personally liable for errors and/or accidents

Employer liable for employee errors and/or accidents
Files self-employment taxes.
Receives a Form 1099-MISC

Does not file self-employment taxes.
Receives a Form W-2 from employer
Has right to hire and fire workers

Is hired and/or fired by employer
Must legally complete each contract

May quit working for an employer at any time
 
ORS 670.600 applies only to the Oregon Department of Revenue, Employment Department, Construction Contractors Board, and Landscape Contractors Board. These agencies require that the person performing the work must meet all the criteria of that law.
 
For information about workers' compensation and Oregon labor law, please contact the Workers' Compensation Division and Bureau of Labor and Industries.

 
Page updated: June 03, 2010

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