Independent Contractors: Delaware
Federal law and guidance on this subject should be reviewed together with this section.
Authors: E. Chaney Hall, Kathleen Furey McDonough and Jennifer C. Wasson, Potter Anderson & Corroon LLP
Summary
- Delaware courts consider 10 factors to determine whether a worker is an independent contractor under its workers' compensation law. See Workers' Compensation.
- Delaware uses an ABC test for determining who is an employee for unemployment insurance tax purposes. See Unemployment Insurance.
- The Delaware Workplace Fraud Act regulates the use of independent contractors in the construction services industry. See Workplace Fraud Act.