Determining whether a worker is an independent contractor or an employee of the company can be difficult. This difficulty arises partly because courts and legislatures have not settled upon a universally applicable standard for ascertaining "employee" v. "independent contractor" status. In fact, individual laws may provide somewhat divergent criteria for analyzing the issue. This inconsistency is explainable, at least in part, by the fact that individual laws are created for specific purposes. The legislature may design the test for determining a worker's status in a manner that advances the purpose of a particular law. Thus, as the purposes underlying legislation differ, the test for determining if a worker is an independent contractor or an employee likewise may differ.

This course analyzes these differences and poses "employee" v. "independent contractor" to determine the advantages and disadvantages of both.