In Deciding Whether a Worker Is an Employee or an Independent

question 53

Multiple Choice

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

• A)always give effect to the literal terms of the parties' contract.
• B)usually resolve the issue on the basis of presumptions.
• C)be most influenced by the fairness of imposing vicarious liability as a result of the worker's tortious conduct.
• D)be substantially influenced by the fact that independent contractors almost always earn more than employees for doing the same work.
• E)apply the control or organization test and will look to the substance not the form of the relationship.

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