Text Size:   A+ A- A   •   Text Only

    Linda Repp   
503-947-7664   

Independent contractor guidelines for specific industries

Agricultural Employment:
An agricultural business may hire a crew furnished by a crew leader who may be considered the crew's employer. The crew leader must meet the independent contractor requirements under the law. If not, then the crew leader and the crew will be considered employees of the hiring agricultural business.

 

Automotive Repair / Detail:
Individuals performing automotive repair or auto detail services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials. Some of the major independent contractor characteristics for this industry include:

is free from direction and control.
has own customer base.
purchases their own materials and supplies.
has their own equipment and tools.
stands to profit or lose.
is not a part or component of anyone else's business.
 
Barber / Beauty / Nail Salons:
Individuals performing barber, beauty, or nail salon services must meet the requirements of the law to be considered independent contractors even if they have specialized licenses or credentials. Some of the major independent contractor characteristics for this industry include:
is free from direction and control.
has own customer base.
purchases their own materials and supplies.
has their own equipment and tools.
stands to profit or lose.
is not a part or component of anyone else's business.
 
Computer Programmers / Software Designers:
Businesses who hire computer programmers and software designers may believe the programmers and designers are independent contractors because of their high level of specialized expertise. Often computer programmers and software designers may be out of the workforce because of retirement or work part-time because they are employed full-time for another business. Computer programmers and software designers generally require little direct supervision, so control may not be easy to recognize. Although their work is of a highly specialized nature requiring little direct supervision, they must meet the requirements under the law to be considered independent contractors.
 

Consultants:
Businesses who hire consultants may believe the consultants are independent contractors because of their high level of specialized expertise. Often consultants may be out of the workforce because of retirement or work part-time because they are employed full-time for another business. Consultants generally require little direct supervision, so control may not be easy to recognize. They must meet all the requirements of the law to be considered independent contractors.

 
Cottage Industries (making and selling products from home):
Some individuals who build and sell home-made products are generally considered independent contractors. Some of the major independent contractor characteristics for this industry include:
is free from direction and control.
has own customer base.
purchases their own materials and supplies.
has their own equipment and tools.
stands to profit or lose.
is not a part or component of anyone else's business.
 

In Home Care:
For Worker's Compensation - There is an exemption for individuals employed as a domestic servant in or about the private home. Domestic worker means any worker engaged in household domestic service by private employment contract, including but not limited to home health care workers. The employment under this exemption must be under the private contract between the homeowner or agent of the homeowner, and the individual performing the work.

State agencies have differing independent contractor criteria concerning in-home care employment. Please visit each agency's website for more specific information.

 

Insurance:
Individuals performing insurance-related services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.

 

Internet-based service:
Individuals who work for Internet-based services may work on a computer from almost anywhere, but their location does not ordinarily keep them from being supervised or directed. They must meet the requirements of the law to be considered independent contractors.

 
Loan Officers / Originators:
Individuals performing loan officer and/or originator services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.
 
Long-haul Truck Drivers:
For Worker's Compensation - There is an exemption in Oregon for truckers engaged in interstate transportation when the employer has no fixed place of business in Oregon. A fixed place of business may include a maintenance facility, yard where trucks are kept, or a dispatch location.

An exemption for owner operators include those truckers who own or have a leasehold interest in equipment and furnish, maintain, and operate the equipment. The equipment under this exemption includes trucks used to transport logs, poles, piling, rocks, gravel, sand, dirt, asphalt or concrete. After January 1, 2006, this exemption also includes "for-hire" motor vehicles used to transport anything other than people.

State agencies have differing independent contractor criteria concerning truck drivers. Please visit each agencies website for more specific information.
 
Machine Operators (fork lift drivers, crane operators, and other equipment operators):
Individuals operating machinery must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials. An independent contractor will have ownership or otherwise "furnish" the necessary equipment to do the work.
 

Maintenance/Janitorial/Custodial:
Individuals performing maintenance, janitorial, and/or custodial services must meet the requirements of the law to be considered independent contractors. Some of the major independent contractor characteristics for this industry include:

is free from direction and control.
has own customer base.
purchases their own materials and supplies.
has their own equipment and tools.
stands to profit or lose.
is not a part or component of anyone else's business.
 

Medical Professionals:
Individuals performing medical services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials. Important pieces in this industry involves the location where work is performed, the hours worked, who provides the equipment, whether the work is continuous, and if the professional has several clients. Most medical professionals who are actually independent are owners of the practice.

 
Office Personnel (clerical staff, clerks, managers):
Individuals performing office services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.
 

Petition Signature Gatherers:
A business may hire a crew furnished by a petition signature gathering crew leader, who may be considered the crew's employer. The crew leader must meet the independent contractor requirements under the law. If not, the crew leader and the crew will be considered employees of the hiring business.

 

Pharmacists:
Individuals performing pharmacist services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials. Important pieces for pharmacists, as is true of other medical professionals, involves the location where work is performed, the hours worked, who provides the equipment, whether the work is continuous, and if the professional has several clients. Most pharmacists who are actually independent are owners of the pharmacy.

 

Political Campaigns:
Paid political-campaign workers must meet the requirements of the law to be considered independent contractors.

 

Sales:
Individuals performing sales services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials. Some of the major independent contractor characteristics for this industry include:

is free from direction and control.
has own customer base.
purchases their own materials and supplies.
has their own equipment and tools.
stands to profit or lose.
is not a part or component of anyone else's business.
 

Telemarketing:
Individuals who work for telemarketing services may work from their home or a call center, but their location does not ordinarily keep them from being supervised or directed. They must meet the requirements of the law to be considered independent contractors.

 

Travel Agents:
Individuals performing travel agent services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.

 
Additional Resources

What is an independent contractor?

For workers: Common questions and answers

For employers: Common questions and answers

Independent Contractor vs employee: The cost of getting it wrong!

 
Oregon Independent Contractors

If you have questions about this webpage, please contact Linda Repp, 503-947-7664.