Relationship analysis
A page within Business Services
Factors to Consider
The following factors indicate that an employer-employee relationship may exist:
-
Service provider must comply with a UW-La Crosse employee's instructions about when, where, and how the service will be provided.
-
Service performing training is provided by a UW-La Crosse employee.
-
Established work hours.
-
Payment by period, e.g., hourly, weekly, monthly.
-
Instructors of college credit courses when the University normally contracts for its instructors.
-
Primary instructor of a course, be it for college credit, continuing education credit, or non-credit.
-
UW-La Crosse faculty members providing services for extension programs.
-
A rate of pay that is not unusually high or low for the performed services.
-
The fee or rate of pay is set by UW-La Crosse.
-
Service performance is done in regularly scheduled classes over a time period.
-
A continuing relationship between UW-La Crosse and the service provider exists.
-
The location and facilities are provided by UW-La Crosse.
-
UW-La Crosse has the right to discharge the service provider.
-
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.
The following factors indicate that an independent contractor relationship may exist:
-
Guest lecturers and consultants who are not the course instructors.
-
The service is available to the general public.
-
An unusually large (indicating expert) or small (indicating token appreciation) cost for the provided service.
-
UW-La Crosse competes for the provider's services, and pays his/her rate of pay.
-
Contracting with a service provider whose business is conducting workshops at many different universities and campuses.
-
The facilities, tools, and materials are arranged, provided, and paid for by the service provider.
-
The service provider incurs significant unreimbursed expenses.
-
The service provider's work is not primarily performed at UW-La Crosse.