We look at the answers separately for each element and then together.
Control
Control is the ability, authority, or right of a payer to exercise control over a worker concerning the manner in which the work is done and what work will be done.
Degree of control or autonomy
(we have all the control or autonomy here)
Consider the degree of control held by the payer or the degree of autonomy held by the worker.The actual degree of control will vary with the type of work and the skills of the worker.
Payer's right to exercise control
It is the right of the payer to exercise control that is relevant, not whether the payer actually exercises this right. It is the control of a payer over a worker that is relevant, and not the control of a payer over the end result of a product or service purchased.
Indicators that the worker is an employee
The relationship is one of subordination. The payer will often direct, scrutinize, and effectively control many elements of how and when the work is performed.
The payer controls the worker with respect to both the results of the work and the method used to do the work.
The payer determines and controls the method and amount of pay. Salary negotiations may still take place in an employer-employee relationship.
The worker requires permission to work for other payers while working for this payer.
Where the schedule is irregular, priority on the worker's time is an indication of control over the worker.
The payer determines what jobs the worker will do.
The worker receives training or direction from the payer on how to do the work. The overall work environment between the worker and the payer is one of subordination.
The payer chooses to listen to the worker's suggestions but has the final word.
Indicators that the worker is a self-employed individual
A self-employed individual usually works independently within a defined framework.
(Yup this is me)
The worker does not have anyone overseeing his or her activities.
(Yup this is me)
The worker is usually free to work when and for whom he or she chooses and may provide his or her services to different payers at the same time.
(Yup this is me)
The worker can accept or refuse work from the payer.
(Yup this is me)
The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration, all of which are generally associated with an employer-employee relationship.
(Yup this is STILL me despite that some clients continue on with me for years ... the fact remains that only guarantee I have from a client is TWO WEEK deposit that I take when they enroll they are free to leave at anytime, they have no investment in my business, no loyalty to my business and no 'integration' into my business)
Financial risk
Consider the degree of financial risk taken by the worker. Determine if there are any fixed ongoing costs incurred by the worker or any expenses that are not reimbursed.
Usually, employees will not have any financial risk as their expenses will be reimbursed, and they will not have fixed ongoing costs.
Self-employed individuals on the other hand can have financial risk and incur losses because they usually pay fixed monthly costs whether or not work is currently being performed.
(Yup this is DEFINITELY me)
Employees and self-employed individuals may be reimbursed for business or travel expenses. Consider only the expenses that are not reimbursed by the payer.
Indicators that the worker is an employee
The worker is not usually responsible for any operating expenses.
Generally, the working relationship between the worker and the payer is continuous.
The worker is not financially liable if he or she does not fulfill the obligations of the contract.
The payer determines and controls the method and amount of pay.
Indicators that the worker is a self-employed individual
The worker hires helpers to assist in the work. The worker pays the hired helpers.
(I do not do this but some do)
The worker performs a substantial amount of work from his or her own workspace and incurs expenses relating to the operation of that workspace.
(Yup this is me)
The worker is hired for a specific job rather than an ongoing relationship.
(This is what makes us 'unique' to other service providers .... I have been seeing my chiropractor weekly for several years does that make him my 'employee' or my hairdresser and other that I have an 'ongoing' relationship with cause their service is 'repeat business' in nature ... so NO they are not my employees and the same goes for us in this case we see clients 'repeatedly' because our service is needed on a repeat basis)
The worker is financially liable if he or she does not fulfill the obligations of the contract.
(Yup this is me ~ I am still on the hook for my expenses and the financially liable if I did not 'offer' services I was paid for under the contract)
The worker does not receive any protection or benefits from the payer.
(Yup this is me .... clients do not cover my extended health care or anything else my only 'protection' is the service contract we entered)
The worker advertises and actively markets his or her services.
(Yup this is me)
Responsibility for investment and management
Consider the degree of responsibility for investment and management held by the worker.
Is the worker required to make any investment in order to provide the services?
(Yup this is me)
A significant investment is evidence that a business relationship may exist. You should also consider if the worker is free to make business decisions that affect his or her profit or loss.
Indicators that the worker is an employee
The worker has no capital investment in the business.
The worker does not have a business presence.
Indicators that the worker is a self-employed individual
The worker has capital investment.
(Yup this is me)
The worker manages his or her staff.
(some providers yes)
The worker hires and pays individuals to help perform the work.
Some providers yes
The worker has established a business presence.
(Yup this is me)
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