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EMPLOYEE OR INDEPENDENT CONTRACTOR

1. The following factors indicate an employment relationship may exist:

   1. Instructors of college credit courses when the university contracts with the instructor.

   2. Primary instructor of a course, be it for college credit, continuing education credit, or noncredit.

   3. University of Wisconsin faculty members who provide services for the extension programs.

   4. A rate of pay which is not unusually high or low for the services performed.

   5. The fee or rate of pay is set by the UW System.

   6. Performance of services is done in regularly scheduled classes over a period of time.

   7. A continuing relationship between the UW System and the provider of the services exists.

   8. The location and facilities are provided by the UW System.

   9. The UW System has the right to discharge the provider of the services.

   10. 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.

       
       

2. The following factors indicate that an independent contractor relationship may exist:

   1. Guest lecturers and consultants who are not the course instructors.

   2. An unusually large (indicating expert) or small (indicating token appreciation) amount of pay for the service provided.

   3. The UW System competes for the services of the provider, and pays his/her rate of pay.

   4. Contracting with a provider of services whose business is conducting workshops at many different universities and campuses.

   5. The facilities are arranged and paid for by the provider of the services.

   6. The provider incurs significant unreimbursed expenses.

   7. The provider’s work is performed not primarily at the UW.