What is an independent contractor?

North Dakota uses the “common law test” – a series of 20 questions which are used to determine whether an individual providing services is an employee or independent contractor. The common law test focuses primarily on the level of control a business has over a worker.

The following questions will assist in reviewing the relationship between the service provider and the employer, to determine whether the service provider is an employee or independent contractor. There is no specific number of factors that must be met to determine the individual’s status; rather, the Department reviews the circumstances as a whole in the context of the individual’s occupation and relevant facts.

The following is a list of factors evaluated by the North Dakota Department of Labor and Human Rights when determining the status of work relationships submitted for review under the Department’s Independent Contractor Verification process.

  1. Instructions. A person who is
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