Is Control Over Worker Necessary to Determine Whether One Is An Independent Contractor or An Employee ?
In Matter of Morton (284 NY 167, 172), the Court of Appeals held that whether one is an independent contractor or an employee depends on the presence or absence of various indicia, the most important of which is the right of control over the worker irrespective of the manner in which his work is to be done.
Further amplifying the degree of control test the Appellate Division, Second Department, in Commissioners of State Ins. Fund v. Lindenhurst Green & White Corp. (101 AD2d 730), recognized other tests to be considered.
The Court stated that none of its proposed tests in and of themselves are controlling but that all of these factors must be individually evaluated.
These factors include the nature and degree of supervision involved in the relationship; the principal's obligations to furnish the necessary tools, supplies and materials; the method of payment of compensation; the independent nature of the contractor's business; and the power to terminate the agreement between the parties.
See also Matter of Gordon v. New York Life Ins. Co., 300 NY 652; 52 NY Jur 2d, Employment Relations, 46; Shapiro v. Robinson, 63 NY2d 896.