That includes the right to inspect the work, and the right to make suggestions or recommendations as to details of the work. In that case, the Court acknowledged that employers retain a broad, general power of supervision and control as to the results of the work so as to insure satisfactory performance of the contract. The California Court of Appeal recently emphasized this point in Beaumont-Jacques v. (In this example, the “manner and means” factor would point to an independent contractor relationship, although other factors might point in the other direction). On the other hand, if I instructed you on how to ensure that the ball arrived at the location, emphasizing what you had to do to get there––“drive this route”, “use this vehicle”, “stop at these locations along the way”, “make sure to do this, that, and the other”––I would control the manner and means of delivery. Or, you could avoid the hassle altogether and pay a friend to do it. You could, theoretically at least, hire a mule team to take you and the ball to New York. You could mail it, carry it on a bus, drive it by car, fly it in a plane, or take it by boat. Your route could be circuitous, or direct, as long as the ball arrived at the location before the deadline. If I offered to pay you to deliver something to a particular place before a particular time––say the ceremonial ball to Times Square by New Year’s Eve 2014––but I gave you no additional instructions, you would be free to choose the manner and means you used to get the ball there. Manner and Means: Determining The Level Of Control Exerted ![]() The pivotal factor is whether the principal controls the manner and means of accomplishing the desired result. Whether workers are properly designated as independent contractors, rather than employees, depends on a host of factors. Applying the independent contractor label carelessly can lead to a world of trouble. But put those words together-“independent contractor”-and their meaning in the workplace context is often anything but clear. Two words with straightforward meanings at least one would think. tor noun \1 usually ˈkän-ˌtrak-tər, 2 usually kən-ˈ\ġ: one that contracts or is party to a contract: as a : one that contracts to perform work or provide supplies. ![]()
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