No. There is a federal rule that govverns whether an individual is an employee or independent contractor. The Fair Labor Standards Act Independent Contractor Rule states that employers should generally follow these federal independent contractor standards to determine if a worker is an independent contractor or an employee:
Economic reality test. To determine whether workers are in business for themselves or are economically dependent on an employer for work.
Core factors. Two “core factors” including:
The nature and degree of control over the work.
The worker’s opportunity for profit or loss based on initiative and/or investment.
Additional guidance. Three other factors act as additional guidance, particularly when the two core factors do not point to the same classification. The factors are:
The amount of skill required for the work.
The degree of permanence of the working relationship between the worker and the potential employer.
Whether the work is part of an integrated unit of production.
See the Department of Labor website for more information.