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Idaho Independent Contractors: What you need to know

Determining whether a worker is an employee or independent contractor is critical when it comes to questions of pension eligibility, workers' compensation, wage and hour coverage, and a number of subordinate legal issues. In some situations, federal law will govern, but the question is often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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Idaho workers' compensation law defines the term independent contractor as any person who renders service for a specified recompense for a specified result, under the right to control, or actual control of his principal as to the result of his work only and not as to the means by which such result is accomplished (ID Code Sec. 72-102(17)).
In Idaho, a worker’s status as an employee or an independent contractor for purposes of workers' compensation coverage is determined based on four main criteria commonly referred to as “the right-to-control test.” The Idaho Supreme Court has repeatedly recognized that those cases where there is doubt about whether a worker is an independent contractor or employee are to be resolved in favor of finding the worker to be an employee. The four criteria include direct evidence of how the work is performed, the method of payment, the provision of tools and equipment, and the right to terminate the relationship without liability. For details, see http://www.iic.idaho.gov.
To be exempt from Idaho unemployment compensation coverage, evidence must show that a worker has been and will continue to be free from control or direction in the performance of his work, ...

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