176.042 INDEPENDENT CONTRACTORS.
Subdivision 1. General rule; independent contractors are employees.
Except as provided
in subdivision 2, every independent contractor doing commercial or residential building
construction or improvements in the public or private sector is, for the purpose of this chapter, an
employee of any employer under this chapter for whom the independent contractor is performing
service in the course of the trade, business, profession, or occupation of that employer at the
time of the injury.
Subd. 2. Exception.
An independent contractor, as described in subdivision 1, is not an
employee of an employer for whom the independent contractor performs work or services if the
independent contractor meets all of the following conditions:
(1) maintains a separate business with the independent contractor's own office, equipment,
materials, and other facilities;
(2) holds or has applied for a federal employer identification number or has filed business
or self-employment income tax returns with the federal Internal Revenue Service based on that
work or service in the previous year;
(3) operates under contracts to perform specific services or work for specific amounts of
money and under which the independent contractor controls the means of performing the services
(4) incurs the main expenses related to the service or work that the independent contractor
performs under contract;
(5) is responsible for the satisfactory completion of work or services that the independent
contractor contracts to perform and is liable for a failure to complete the work or service;
(6) receives compensation for work or service performed under a contract on a commission
or per-job or competitive bid basis and not on any other basis;
(7) may realize a profit or suffer a loss under contracts to perform work or service;
(8) has continuing or recurring business liabilities or obligations; and
(9) the success or failure of the independent contractor's business depends on the relationship
of business receipts to expenditures.
History: 1996 c 374 s 3; 2001 c 123 s 1