In Deciding Whether a Worker Is an Employee or an Independent

question 51

Multiple Choice

In deciding whether a worker is an employee or an independent contractor, a judge will

• A) be substantially influenced by the fact that independent contractors almost always earn more than employees for doing the same work.
• B) be most influenced by the fairness of imposing vicarious liability as a result of the worker's tortious conduct.
• C) usually resolve the issue on the basis of presumptions.
• D) always give effect to the literal terms of the parties' contract.
• E) none of the above.