
If the project takes less time than anticipated, the individual has made more money for less time invested, allowing him or her to reallocate time and theoretically make additional money. An example is an individual being paid a flat fee for a project. If an individual has an opportunity for profit or loss, it supports an independent contractor relationship.The more loosely defined the instructions, the more likely this allows the individual to be an independent contractor.The more specific the instructions, the more it indicates an employee-employer relationship.Instruction on when or where the work is performed.Evaluating the result of an individual’s work may indicate an independent contractor relationship.Evaluating how the work is performed may indicate an employee-employer relationship.This may include advertising, maintaining a location and bidding and providing services to other customers besides ASU. For an independent contractor status to be supported, the individual must be able to seek out other business opportunities while providing work for ASU.

The more an individual relies on ASU for his or her financial solvency, the more this indicates an employee-employer relationship.A fixed fee is indicative of an independent contractor relationship use when possible.Hourly, weekly or monthly fees may indicate an employee-employer relationship.If so, it would be extremely difficult to support an independent contractor determination.

Still, we caution agreeing to reimburse an individual if he or she is paid on an hourly basis. If ASU reimburses an individual of certain costs, this will not invalidate his or her treatment as an independent contractor.
