Jeffrey R. Schmieler, Esquire
In determining the existence of the relationship, five factors are determinative, namely:
1)The power to select and hire the employee;
2)The payment of wages;
3)The power to discharge;
4)The power to control the employee’s conduct; and
5)Whether the work is part of the regular business of the employer.
Of these factors, the single most important factor in determining whether an employment relationship exists is whether the employer has the power to control and direct the manner in which the work is performed.