BASIC (12-03)

SL 60001.605 Common-Law Rules

An individual who performs services for a State or local government is an employee if the individual is an employee under the common law rules. The common law rule for determining whether a worker is an employee is whether the government entity has the right to direct and control the worker as to the manner and means of the worker’s job performance. In other words, the entity has the right to tell the worker not only what shall be done but how it shall be done.

 

If an individual is subject to the control or direction of another merely as to the result to be accomplished and not as to the means and methods for accomplishing the result, the individual is an independent contractor. The difference between an employee and an independent contractor lies in the degree of control.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1960001605
SL 60001.605 - Common-Law Rules - 12/03/2003
Batch run: 01/27/2009
Rev:12/03/2003