What is the test for determining whether a person is an employee or an independent contractor?
California, United States of America
The following excerpt is from Argonaut Ins. Exchange v. Indus. Acc. Com'n, 293 P.2d 874 (Cal. App. 1956):
No special test or fact or circumstance has been found to give a conclusive answer to the question whether one is an employe or an independent contractor and each case must turn upon its own peculiar facts and circumstances. Schaller v. Industrial Acc. Comm., 11 Cal.2d 46, 62, 77 P.2d 836.
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