What issues should be considered when determining whether the “right to control” factor will weigh in favor of an independent contractor determination?

At its current growth rate, the majority of the U.S. workforce will be freelancers by 2027.¹ Between federal and state case, statutory, and administrative law, there are too many tests to count for determining whether a worker is an employee or independent contractor. Even within the same jurisdiction, an organization may face different tests depending on the court or administrative agency making the assessment.