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Determination of Employee or Independent Contractor

Any individual performing services for the University will be presumed to work under the direction and control of the University and therefore deemed to be an employee unless the individual meets all of the independent contractor criteria, established within this policy, and provides the University with a valid federal taxpayer identification number (this may be either an employee identification number or a social security number).

All independent contractors who are not U.S. citizens must receive verification of (a) work authorization status and (b) tax treaty status, prior to employment or university acceptance of a contract for services.

In order for an individual to be compensated as an independent contractor, the individual must meet the following (5) criteria:

  1. The university does not control or direct the means or methods used to perform the task. That is, the individual is and will continue to be free to use whatever means and methods he/she deems appropriate to accomplish the task.
  2. The task or service being performed is outside of the regular course of the University's primary business purpose. The primary business purpose of the university includes teaching and instruction (both in credit and non-credit granting courses), research and public service.
  3. The individual is engaged in an independently established business, trade, occupation or profession and is responsible for (a) providing any equipment tools and material required to perform the task and (b) is responsible for hiring/managing/firing any subcontractors or assistants that are required to complete the task.
  4. The task is of short duration and is not indicative of an ongoing relationship. Contractual relationships that are completed within a 30 consecutive day period or less will be treated as being completed within a short duration.
  5. A written agreement exists with the university which spells out the task or service(s) to be performed.