Personal Services Payments - Attachment 3
EMPLOYEE OR INDEPENDENT CONTRACTOR
- The following factors indicate an employment relationship may exist:
- Instructors of college credit courses when the university contracts with the instructor.
- Primary instructor of a course, be it for college credit, continuing education credit, or noncredit.
- University of Wisconsin faculty members who provide services for the extension programs.
- A rate of pay which is not unusually high or low for the services performed.
- The fee or rate of pay is set by the UW System.
- Performance of services is done in regularly scheduled classes over a period of time.
- A continuing relationship between the UW System and the provider of the services exists.
- The location and facilities are provided by the UW System.
- The UW System has the right to discharge the provider of the services.
- The Provider of services has the right to terminate the relationship with the UW and the UW would have the obligation to replace the individual, cancel classes, etc.
- The following factors indicate that an independent contractor relationship may exist:
- Guest lecturers and consultants who are not the course instructors.
- An unusually large (indicating expert) or small (indicating token appreciation) amount of pay for the service provided.
- The UW System competes for the services of the provider, and pays his/her rate of pay.
- Contracting with a provider of services whose business is conducting workshops at many different universities and campuses.
- The facilities are arranged and paid for by the provider of the services.
- The provider incurs significant unreimbursed expenses.
- The providers work is performed not primarily at the UW.