815.Are you paid at specified intervals?
815.1Are you paid by the hour, week, or month?
If you are paid at regular intervals, a factor of control exists. In addition, if you are guaranteed a minimum salary, or if you are compensated through a drawing account (provided that you are not required to repay earnings in excess of your approved draw), an employer-employee relationship tends to exist.
815.2Are you paid by the job?
If you are paid by commission or on a job basis, you are likely an independent contractor. Payment by the job includes a lump sum. This lump sum is normally computed by the number of hours worked against a fixed rate per hour. The lump sum payment may be broken out into weekly or monthly installments if this method of payment is convenient for a particular job.