In Deciding Whether a Worker Is an Employee or an Independent

Multiple Choice

In deciding whether a worker is an employee or an independent contractor, a judge will

A) always give effect to the literal terms of the parties' contract.
B) usually resolve the issue on the basis of presumptions.
C) be most influenced by the fairness of imposing vicarious liability as a result of the worker's tortious conduct.
D) be substantially influenced by the fact that independent contractors almost always earn more than employees for doing the same work.
E) apply the control or organization test and will look to the substance not the form of the relationship.