CALIFORNIA STATE UNIVERSITY SAN MARCOS
PROCUREMENT SERVICES & HUMAN RESOURCES

 

WORKSHEET

INDEPENDENT CONTRACTOR / GUEST LECTURER vs. EMPLOYEE

To determine whether a person should be classified and paid as an employee or as an Independent Contractor / Guest Lecturer, answer the following questions to help determine appropriate classification.

YES NO

____
____		 1. Will the individual be required to comply with instructions about when, where, and how to work?

____
____		 2.  Will the individual be given instructions/ training regarding the particular method or manner by which the work is to be performed?
____ ____ 3.  Is the service provided a regular part of University business/ work?

____
____		 4.  Will the individual be required to perform the work himself/ herself? (as opposed to assigning the work or part of the work to an assistant.)
____ ____ 5.  Will the individual be hiring or supervising CSUSM employees?
____ ____ 6.  Will the individual and CSUSM have a continuing relationship?
____ ____ 7.  Will the individual be able to hire and pay his/her own assistants?
____ ____ 8.  Does the individual offer similar services to others as a part of his/ her own business?

____
____		 9.  Will the individual be allowed to work concurrently for other employers while working for CSUSM?
____ ____ 10.  Will the individual be able to set his/ her own hours and priorities?
____ ____ 11.  Will the individual be hired and paid to complete one specific job/ project?
____ ____ 12.  Will the individual provide his/ her own tools?

  INSTRUCTIONS:

I.

 If the majority of the answers to questions 1-6 are yes (and the majority of the answers to questions 7-12 are no) the individual should be hired as an employee (Special Consultant or other appropriate classification) and paid through the payroll system.
II.

 If the majority of the answers to questions 1-6 are no (and the majority of the answers to questions (7-12 are yes) the individual can be paid as an Independent Contractor/ Guest Lecturer through the contracting process.