1
EVALUATION OF EMPLOYER/EMPLOYEE RELATIONSHIP
YES NO
1. Has this category of worker been classified as an "employee" by the IRS?
Worker categories include: Administrators, Teachers/Instructors, Substitutes, School Bus Drivers, Clerical Staff, Athletic Coaches, Tutors, Cafeteria Workers,
Counselors, Examination Monitors, Proctors, Librarians, Nurses, Psychologists, Intern Psychologist, Individuals 'filling in'
on an interim basis, and specialty
teachers (art, poetry, music, etc.).
2. A) Is ___________________ working as an employee prescribed by the Education Code?
Name of individual
Education Code Sections 88000-88263 and 87000-87333 define District employees.
B) Is the individual working as an employee prescribed by the Government Code?
Government Code Sections 53060 et seq. defines what constitutes a consultant.
3. A) Is the individual an employee of the District in a "contract" capacity?
B) If hourly (i.e., adjunct, non-academic hourly), would they have a District assignment concurrent (or
overlapping) with the anticipated assignment?
4. Has the individual performed substantially the same services for the District as an employee in the past?
Is the individual retired, returning to substitute, or train, etc?
5. Are there currently employees of the District doing substantially the same services as will be required of this
individual?
See classification descriptions in the Personnel Manual.
6. Does the District have the legal right to control the method of performance by this individual?
Consider whether the District has to train this individual or give instruction as to when, where, how and in what order to work. Does the District require the
individual to submit reports or perform the services at the District site? These factors would indicate the District maintains control sufficient for an
employer/employee relationship. However, it is not necessary
that the District exercise this right or have the expertise required to do so. In many cases this
would not be practical or advisable.
7. Are the services, as being provided, an integral part of District operations?
Are the services being provided necessary to the operation of the college, program, project, etc? This indicates the District has an interest in the method of
performance and implies the maintenance of legal control.
If the answer to any of the above questions is "YES," STOP HERE !
Do not complete the rest of the questions. The individual is the District's employee and must be paid and reported
accordingly. Therefore, sign and date the reverse of this evaluation and submit a "Professional Expert/Consultant
Authorization" form, if appropriate, to the Classification & Compensation Office.
If ALL of the above are "NO," continue . . .
YES NO
8. Must the required services be performed by this individual?
Consider whether or not the individual may designate someone else to do the work without the District's knowledge or approval.
9. Does the District have a continuing relationship with this individual?
Is this a "one shot deal" or has the District used or will the District continue to use this individual in the future? This could be on an infrequent or irregular basis
but a continuing relationship exists.
10. Can this relationship be terminated without the consent of both parties?
If the answer to question 8, 9, or 10 is "YES," there is a good possibility that an employment relationship exists . Questions
8, 9 and 10 are indicators of District control that, in conjunction with other factors, imply an employment relationship.
Go back to questions 1-7 and re-evaluate each.
If questions 1-7 are still all "NO," continue . . .
2
EVALUATION OF EMPLOYER/EMPLOYEE RELATIONSHIP
YES NO
11. Does the individual operate an independent trade or business that is available to the general public?
A determining factor in judging independence is the performance of services to the general public. In evaluating this criteria, districts are considered to be
separate entities. Keep in mind: if the District is utilizing this individual's services on a full-time basis, the individual is not
available to the general public.
NOTE: Possession of a business license or incorporation does not
automatically satisfy this requirement. The determination must be made on the actual
relationship
between the District and the individual performing services.
12. Does the individual have a substantial investment in his/her business (i.e., maintains a facility, equipment,
etc.) as it relates to the proposed assignment with the District?
This is indicative of economic risk inherent in business enterprises. An independent contractor must be able to make a profit or sustain a loss.
If either 11 or 12 are "NO," the individual is the District's employee, STOP HERE and process the individual
through payroll.
If 11 and 12 are both "YES," continue . . .
YES NO
13. Does the individual provide all materials and support services (e.g. mileage, meals, travel, clerical support,
copying, etc.) necessary for the performance of this service?
The District should not be providing office space, clerical, secretarial, or any other support for this individual such as materials, Xeroxing, printing, office
supplies, etc. Any necessary assistants would be hired by the individual.
14. A) Is this paid by the job/project or on a commission?
B) Is this paid a fixed rate or a fixed commission?
15. Does the individual bear the cost of any travel and business expenses incurred to perform this service?
Generally, these types of expenses are paid by an employer; however, some contracts provide for payment of air fare, mileage, car rentals, etc., for
consultants.
If 11 and 12 are "YES," 13 through 15 should also be "YES" and are items that should be written into the consultant
contract. This individual is an independent contractor. A "YES" on questions 13 through 15 supports the District's
conclusion and substantiates a "reasonable basis" for treatment as an independent contractor. While there are
circumstances where the District might pay expenses, these should be kept at a minimum to avoid giving the impression
of an employment relationship.
After reviewing this evaluation I have concluded that this individual is a(n);
Employee/Professional ExpertSubmit this evaluation and the "Professional Expert/Consultant Authorization"
form with necessary District paperwork and PAS Sheet to the Classification & Compensation Office.
OR
Consultant/Independent ContractorSubmit this evaluation and the "Professional Expert/Consultant
Authorization" form with a draft of the contract and the Requisition, and submit through appropriate managers, to
Purchasing & Contract Services.
MANAGER’s Signature Department/Site Date
original 10/24/96
updated 1/20/11
Chrome Web Store
It looks like you haven't installed the Fill Chrome Extension Add to Chrome