- (a) No. USERRA does not provide protections for an independent contractor.
(b) In deciding whether an individual is an independent contractor, the following factors need to be considered:
- (1) The extent of the employer's right to control the manner in which the individual's work is to be performed;
- (2) The opportunity for profit or loss that depends upon the individual's managerial skill;
- (3) Any investment in equipment or materials required for the individual's tasks, or his or her employment of helpers;
- (4) Whether the service the individual performs requires a special skill;
- (5) The degree of permanence of the individual's working relationship; and,
- (6) Whether the service the individual performs is an integral part of the employer's business.
- (c) No single one of these factors is controlling, but all are relevant to determining whether an individual is an employee or an independent contractor.