Subpart 1.
Definition.
Laborers are people whose work usually requires strength rather
than skill, such as laborers, chore workers, coal hustlers, gardeners, yard
maintenance workers, landscaping and planting workers, tree trimmers, janitors,
odd-job workers, porters, window washers, and other unskilled workers.
Subp. 2.
Independent
contractor.
The laborer is an independent contractor if all of the
following criteria are substantially met.
A. The laborer generally must use business
judgment to earn a livelihood. The laborer's success or failure depends on how
assistants are managed, the protection of investment through proper care of
tools and equipment, and the reputation established as a result of methods of
doing business.
B. The services
need not be performed personally.
C. The laborer holds himself or herself out
to the public as available for furnishing a certain type of service on a job
basis.
D. The laborer is free to
hire assistants and the assistants are the laborer's own responsibility, that
is, the laborer directs them, pays them, and is liable for the payment of taxes
on their wages.
E. The laborer
furnishes tools.
F. The laborer
obtains work by recommendation, advertising in newspapers, or maintaining a
business listing in a telephone or service directory.
G. The laborer is responsible only for
completion of the job within a certain time and is free to use personal methods
and means for doing the work.
H.
The laborer agrees to provide lien waivers upon completion of the
job.
Subp. 3.
Employee.
A laborer is an employee if all of the following criteria are
substantially met.
A. The services
must be performed personally.
B.
The laborer works on employer premises or at locations assigned by the
employer, at specified times, and with tools and facilities furnished by the
employer. The services may be provided on a permanent, recurring, or itinerant
basis.
C. Pay is computed on a time
rather than a lump-sum basis.
D.
The employer has the right to stop the laborer on one job and start on another,
to speed up or slow down the worker, and to express dissatisfaction with the
work and to have it redone.
E. The
laborer is not responsible for damages for noncompletion of the work. If the
laborer quits prior to completing the job, the laborer is not responsible for
finding a replacement.
