The Extent of the Hired Party's Discretion Over When and How Long to Work Employers dictate when and how long their employees will work, independent contractors enjoy complete independence over their schedules. This factor strongly favors finding that Mayo was an employee. The uncontroverted evidence is that CSC provided Mayo with room and board, plus a paltry wage. An independent contractor generally looks to several different souces of income for his livelihood. The Hired Party's Role in Hiring and Paving Assistants Employers generally decide whether an employee needs an assistant and, if so, pay the assistant.
Independent contractors make such decisions themselves and bear the costs.
Here, the assistants were all CSC employees. It is unclear whether Mayo had a role in hiring or paying these assistants. However, even if Mayo had some role, it is not akin to an independent contractor who pays his own assistants. Given Mayo's extremely small income, it is inconceivable that he could pay any assistants. Whether the Work is Part of the Regular Business of the Hiring Party Employers hire employees to carry out their regular business or functions.