Minn. R. agency 139, ch. 3315, EMPLOYMENT, pt. 3315.0555

Current through Register Vol. 49, No. 29, 2025

Part 3315.0555 - DETERMINING WORKER STATUS

Subpart 1.Factors.

When determining whether an individual is an employee or an independent contractor, five factors must be considered and weighed within a particular set of circumstances. The five factors to be considered are:

A. the right or the lack of the right to control the means and manner of performance;

B. the right to discharge the worker without incurring liability;

C. the mode of payment;

D. furnishing of materials and tools; and

E. control over the premises where the services are performed.

The two most important factors are items A and B.

Other factors, not specifically identified in this part, may be considered if the outcome is inconclusive when applying the factors in items A to E. The degree of their importance may vary depending upon the occupation or work situation being considered and why the factor is present in the particular situation.

Subp. 2. [Repealed, L 2012 c 201 art 3s 16 Repealed, 39 SR 151]

Subp. 3. [Repealed, L 2012 c 201 art 3s 16 Repealed, 39 SR 151]

Subp. 4. [Repealed, L 2012 c 201 art 3s 16 Repealed, 39 SR 151]

Subp. 5. [Repealed, L 2012 c 201 art 3s 16 Repealed, 39 SR 151]

Minn. R. agency 139, ch. 3315, EMPLOYMENT, pt. 3315.0555

13 SR 1057; 17 SR 1279; L 2004 c 206 s 53; 31 SR 285; L 2012 c 201 art 3s 16; 39 SR 151, August 4, 2014 effective 8/4/2014; Repealed, L 2004 c 206 s 53 Repealed, 39 SR 151

Statutory Authority: MS s 14.386; 14.388; 268.021