|
Section
1: Relationship with Lewis-Clark State
College |
| 1. Is
the individual currently working for
Lewis-Clark State College as an employee? |
Yes |
No |
| 2. Does
the department want to hire this individual
as an employee to provide the same or
similar services following a "test period"
as an Independent Contractor? |
Yes |
No |
| 3. Does
the individual have a continuing
relationship with the department or college,
such as performing the work on a recurring,
on-going, or year-to-year basis? |
Yes |
No |
| 4. Will
the individual be required to devote
essentially full-time hours to perform
services for the college, making the
individual unable to perform services for
other customers during the performance
period? |
Yes |
No |
| 5. Will
the individual be expected or required to
perform essentially full-time work hours at
the college or at facilities operated by the
college? |
Yes |
No |
| 6. Will
the individual be required to comply with
instructions from a college supervisor, as
to where, how, and when the work is to be
performed? |
Yes |
No |
| 7. Is
the individual required to receive training
from a college representative to enable the
individual to perform the work in a
particular manner? |
Yes |
No |
| 8. Will
the college be responsible for hiring,
supervising, and paying workers who will
substantially assist the individual in
performing the requested services? |
Yes |
No |
| 9. Will
the individual be paid on a recurring basis
for a fixed amount? (For example, will
the individual be paid every month for
several months for a fixed amount, instead
of a per project basis?) |
Yes |
No |
| 10.
Will the individual work as part of a team
of regular employees and will the
individual's day-to-day participation be
essential to the successful performance of
the employee team? |
Yes |
No |
| 11. Is
the individual expected/required to perform
work during hours that are set by a college
supervisor? |
Yes |
No |
| 12.
Will the individual be required to perform
services in a sequence or order that is set
by a college supervisor? |
Yes |
No |
| 13. On
a regular basis before the project is
completed, will the individual be required
to provide progress or status updates to a
college supervisor? |
Yes |
No |
| 14.
Will the individual perform services for
which the college is concerned with the
methods used to obtain results (and not just
with the results)? |
Yes |
No |
| 15.
Will the college provide a significant
amount of tools, equipment, or other
materials needed by the individual to
perform the agreed-upon-work? |
Yes |
No |
| 16.
Will the individual be subject to
termination by the college for reasons other
than non-performance of the contract or
services? |
Yes |
No |
| 17. Can
the individual terminate the contract with
the college without incurring any liability
for failure to complete the service?
(For example, can the individual terminate
the contract without notice or reason?) |
Yes |
No |
|
If the
answer is YES to ANY
of the questions in Section 1, the
individual should be classified as an
EMPLOYEE and be paid via payroll.
If the
answer is NO to ALL
of the questions in Section 1, proceed to
Section 2. |
|
Section 2: Evidence of Contractor's
Business Operation |
| 1. In
connection with performing the services,
could the individual realize either a profit
or loss, such as by incurring expenses? |
Yes |
No |
| 2. Does
the individual perform work (or could
perform work) at an office or facility off
campus that is maintained at the
individual's own expense? |
Yes |
No |
| 3. Will
the individual be paid an amount to complete
a specified project (as opposed to an
hourly, weekly, or monthly basis and for
on-going, general purposes)? |
Yes |
No |
|
If the
answer is NO to ANY
of the questions in Section 2, the
individual should be classified as an
EMPLOYEE and be paid via payroll.
If the
answer is YES to ALL
of the questions in Section 2, proceed to
Section 3. |
|
Section 3: Need for Individual
Within Department |
| 1. Are
the services to be performed by the
individual necessary for accomplishment of
the mission of the department or college? |
Yes |
No |
| 2. Is
the individual needed because there is no
current employee within the department who
can satisfactorily perform the work that
will be done by the individual? |
Yes |
No |
|
If the
answer is NO to ANY
of the questions in Section 3, the
individual should be classified as an
EMPLOYEE and be paid via payroll. |
|
Section 4: Classification Outcome |
IF - All questions in Section 1 =
NO
All questions in Section 2 = YES
All questions in Section 3 =
YES
THEN - Individual is
an Independent Contractor |
IF - Any questions in Section 1 =
YES
Any questions in Section 2 = NO
Any questions in Section 3 =
NO
THEN - Individual is
an Employee |
