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Industry guidelines

Below is a list of industry-specific guidelines that may help highlight the differences between employers and independent contractors. Call the Workers’ Compensation Division at 503-947-7815 for help with your specific situation.

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 are considered employees of the hiring business​​​​​

People doing auto 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 their 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
​​​​

People 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 major independent contractor characteristics for this industry include:

  • Is free from direction and control
  • Has their 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
​​​

Businesses that 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 highly specialized, requiring little direct supervision, they must meet the requirements under the law to be considered independent contractors.​​​​

Businesses that 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.​​​​

Some people who build and sell homemade products are generally considered independent contractors. Some major independent contractor characteristics for this industry include:

  • Is free from direction and control
  • Has their​ 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
​​​​

For workers’ 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 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. Visit each agency's website for specific information.​​​​

People doing insurance-related services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.​​​​

People 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.​​​​

People doing loan officer services, originator services, or both, must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.​​​​

For workers’ 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 includes 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. 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. Visit each agency’s website for specific information.​​​

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.​​​​​

Individuals performing maintenance, janitorial, 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 their 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
​​​​

People 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 involve 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.​​​​

People doing office services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.​​​​

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 are considered employees of the hiring business.​​​​​

People doing 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 their 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
​​

People 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.​​​​

People doing travel agent services must meet the requirements of the law to be considered independent contractors, even if they have specialized licenses or credentials.​​​​


​​​Help with workers’ compensation insurance
Workers’ Compensation Division
888-877-5670 (toll-free)
503-947-7815
wcd.employerinfo@dcbs.oregon.gov

Business Identification Number
503-947-7589

Employer coverage indexing
503-947-7814

Small Business Ombudsman for Workers’ Compensation​​​​​​​

Active and Inactive Self-Insured Employers​​​​