It is sufficient to show control, however, if the University retains the right to do so. Payment by the hour, week, or month generally points to an employer-employee relationship, provided that this method of payment is not just a convenient way of paying a lump sum agreed upon as the cost of a job. Payment made by the job or on a straight commission generally indicates that the worker is an independent contractor 13. An employer, to be able to control expenses, generally retains the right to regulate and direct the worker s business activity. On the other hand, lack of investment in facilities indicates dependence on the University for such facilities and, accordingly, the existence of an employer-employee relationship.
Special scrutiny is required with respect to certain types of facilities, such as home offices.
For example, if the worker is subject to a real risk of economic loss due to significant investments or a bona fide liability for expenses, such as salary payments to unrelated employees, that factor indicates that the worker is an independent contractor. The risk that a worker will not receive payment for his or her services, however, is common to both independent contractors and employees and thus does not constitute a sufficient economic risk to support treatment as an independent contractor. However, a worker who performs services for more than one entity may be an employee of each. The fact that a worker makes his or her services available to the general public on a regular and consistent basis indicates an independent contractor relationship. An employer exercises control through the threat of dismissal, which causes the worker to obey the employer's instructions.