Connecticut Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most 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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In Connecticut and elsewhere, the most important or significant consideration in determining employee or contractor status is the fundamental question of control. The Connecticut Supreme Court has ruled that the fundamental distinction between an employee and an independent contractor depends upon the existence or nonexistence of the right to control the means and methods of work. The test of the relationship is the right to control. Actual interference with the control is not necessary, because it is the existence of the right to interfere that makes the difference between an independent contractor and an employee (Tianti, ex rel. Gluck v. William Raveis Real Estate, Inc., 231 Conn. 690, (1995)).
Connecticut unemployment law provides that employment is any service performed under an express or implied contract of hire that creates the relationship of employer and employee. Workers who are employees under the common law definition of master and servant (the standard applied by the Internal Revenue Service) are therefore covered for state unemployment purposes. The law provides, however, that service will be considered employment subject to the act unless the service recipient can ...

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