Worker Classification
Classifying Individuals as Independent Contractors or as Employees
The 20-Factor Test is a tool that is designed to
help determine whether a worker or class of workers hired by the University to
perform services should be classified as an employee or as an independent
contractor.
You do not need to complete the 20-Factor Test if:
1) The individual is incorporated (i.e.
Corporation, Corp, Incorporated or Inc. is part of the
individual's name).
2) The individual is
- a sporting official for intercollegiate athletic events;
- an announcer or commentator for athletic events;
- an academic program review consultant (this includes accreditation team
members);
- a performer, entertainer, or professional athlete; i.e., a non-employee who
provides entertainment services to the University for a fee. Examples include
DJs, singers, bands, comedians, magicians, motivational speakers, etc; or
- a guest speaker; i.e., a non-employee who provides services to the
University for a fee or honorarium in which one-time lectures, discourses, or
presentations are given before classes or audiences.
- a series editor, copy editor, manuscript reader, or book designer; or
- trainers and consultants under contract to present seminars for the Pennsylvania Child Welfare Resource Center.
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You do need to complete the 20-Factor Test if:
The
individual does not fall into any of the categories to the left.
Complete the
20-Factor Test to find out whether this individual should be classified as an
employee or as an independent contractor.
Resources and Guides:
- At-a-glance Comparison:
A brief guide that highlights the differences between independent contractors and employees.
- Worker Classification Guide:
A more detailed guide that includes information about paying an independent contractor and determining the service provider's correct worker classification as an employee or independent contractor.
- Standard Operating Procedure:
Details and procedural information regarding correct worker classification.
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