Jeffrey R. Schmieler, Esquire
Under the clearly defined law of Maryland, Virginia and The District of Columbia, an Independent contractor is one engaged to perform a task or tasks of another but over whom there is no right to control the manner in which the task or tasks are performed. The Courts have stated that an Independent contractor is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other’s right of control with respect to his physical conduct in the performance of the undertaking. The most important factor in distinguishing an employee from an independent contractor is whether the person engaging the services of another has the power to control and direct the manner in which the work is performed i.e. the power to control and direct the performance of the work is the most important / decisive element / test of whether the person engaged is an employee or independent contractor.