Independent contractors make their services available to the public on a regular and
consistent basis and must refrain from control by others. Independent contractors
often advertise, maintain a visible business location, and are available to work for
the relevant market.
Independent contractors may hold their services out to the public using various methods
including:
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•
advertising in newspapers, trade journals, magazines, etc.;
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listing in business directories;
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hanging “shingles” in front of their home or office;
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holding business licenses; and
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maintaining business listings in telephone directories.
For example, Al’s Painting, Inc. hired Noah to paint several office buildings. Noah
advertises his services in the Yellow Pages and Penny Saver. The fact that Noah advertises
his services indicates that he is available to perform services for the relevant market.