University of Wisconsin-La Crosse | uwlax.edu

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  • Relationship Analysis

    Factors to Consider

    The following factors indicate that an  employer-employee  relationship may exist:

    1. Service provider must comply with a UW-La Crosse employee's instructions about when, where, and how the service will be provided.

    2. Service performing training is provided by a UW-La Crosse employee.

    3. Established work hours.

    4. Payment by period, e.g., hourly, weekly, monthly.

    5. Instructors of college credit courses when the University normally contracts for its instructors.

    6. Primary instructor of a course, be it for college credit, continuing education credit, or non-credit.

    7. UW-La Crosse faculty members providing services for extension programs.

    8. A rate of pay that is not unusually high or low for the performed services.

    9. The fee or rate of pay is set by UW-La Crosse.

    10. Service performance is done in regularly scheduled classes over a time period.

    11. A continuing relationship between UW-La Crosse and the service provider exists.

    12. The location and facilities are provided by UW-La Crosse.

    13. UW-La Crosse has the right to discharge the service provider.

    14. The service provider has the right to terminate the relationship with UW-La Crosse and UW-La Crosse would then have the obligation to replace the individual, cancel classes, etc.

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    The following factors indicate that an  independent contractor  relationship may exist:

    1. Guest lecturers and consultants who are not the course instructors.

    2. The service is available to the general public.

    3. An unusually large (indicating expert) or small (indicating token appreciation) cost for the provided service.

    4. UW-La Crosse competes for the provider's services, and pays his/her rate of pay.

    5. Contracting with a service provider whose business is conducting workshops at many different universities and campuses.

    6. The facilities, tools, and materials are arranged, provided, and paid for by the service provider.

    7. The service provider incurs significant unreimbursed expenses.

    8. The service provider's work is not primarily performed at UW-La Crosse.

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