C.F.R. » Title 20 » CHAPTER IX—OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR › PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 › Subpart C—Eligibility For Reemployment

20 C.F.R. § 1002.44

Does USERRA cover an independent contractor?

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(a) No. USERRA does not provide protections for an independent contractor.

(b) In deciding whether an individual is an independent contractor, the following factors need to be considered:

(1) The extent of the employer's right to control the manner in which the individual's work is to be performed;

(2) The opportunity for profit or loss that depends upon the individual's managerial skill;

(3) Any investment in equipment or materials required for the individual's tasks, or his or her employment of helpers;

(4) Whether the service the individual performs requires a special skill;

(5) The degree of permanence of the individual's working relationship; and,

(6) Whether the service the individual performs is an integral part of the employer's business.

(c) No single one of these factors is controlling, but all are relevant to determining whether an individual is an employee or an independent contractor.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2012–2024 · leading case: Murphy v. Tuality Healthcare, 157 F. Supp. 3d 921 (D. Or. 2016).
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Murphy v. Tuality Healthcare, 157 F. Supp. 3d 921 (D. Or. 2016). · cites it 3× “20 C.F.R. § 1002.44 (a). Murphy and Tuality dispute whether Murphy independently contracted with Tuality, and thus has no cause of action under USERRA, or whether he was Tuality’s employee, and thus may invoke USERRA.”
Evans v. MassMutual Fin. Grp., 856 F. Supp. 2d 606 (W.D.N.Y. 2012). “” 2009 WL 3614534 , at *3 (quoting 20 C.F.R. § 1002.44 ). To have standing under USERRA, then, plaintiff must have been an “employee” of MassMutual.”
Mustafa v. Yuma Reg'l Med. Ctr. (D. Ariz. 2023). · cites it 2× “” 26 20 C.F.R. § 1002.44 (b). See also Murphy v.”
Yulius Mustafa v. Yuma Reg'l Med. Ctr. (9th Cir. 2024). “See 20 C.F.R. § 1002.44 (a) (“USERRA does not provide protections for an independent contractor.”
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