Developing the facts Once you understand the work that is being performed, and the business context in which it is being performed, you need to identify and evaluate evidence. For instance, worker status cannot be determined simply by looking at job titles. Facts must be developed to make a correct determination. In making a determination, you need to look at the entire relationship between a business and a worker. The relationship often has several facets, some indicating the business has control, while others indicate it does not.
Control is a matter of degree.
In fact, even in the clearest case of an independent contractor, the worker is constrained in some way. Conversely, employees may have autonomy in some areas. To make a correct determination regarding the status of the worker, you need to consider the evidence of both autonomy and the right to control. Whatever the number of factors used, the factors merely point to facts to be used in evaluating the extent of the right to direct and control. As in any examination, all relevant information needs to be explored before answering the legal question of whether the right to direct and control associated with an employment relationship exists.