In an employer-employee relationship, concern is with the way the work is done. An independent contractor has freedom of action. This freedom of action allows independent contractors to choose their own hours, days of work, materials, acquire their own customers, hire their own assistants, and set their own fees for services performed. Not in the Usual Course of Business. . . The product or service which the employer organized to deliver constitutes the usual course of business.
Work performed in the usual course of business is employment.
The premises where work is done is the employer's place of business. For example, a construction job site is the usual place of business for contractors. The point of sales is considered the usual place of business for salesmen. Independent Trade or Business. . . A sign of an independent business is not the possession of a business license, but the showing that the business of the worker could exist independent of the particular employer.