Policy no. II-2
Effective Date: 01/01/2008
Scope: independent contractors, volunteers and employees of a temporary agency
Exclusions: Faculty, executive staff, senior staff, staff, and student employees
Individuals who are not employees of Case Western Reserve University may still perform services for or on behalf of Case Western Reserve University in three ways: 1) as independent contractors, 2) as volunteers, or 3) as employees of a temporary agency. While on campus, these individuals are responsible for supporting the university's Standards of Excellence.
A department may not retain an individual as an independent contractor if the individual has been an employee of the university in the prior twelve (12) months in the same or a substantially similar position.
Independent contractors are individuals who perform services for Case Western Reserve University but are self-employed or employed by another organization. The use of independent contractors allows Case Western Reserve University to tap specialized expertise needed for project-specific work, recognize the contractors' desire for independence, and to save on benefit and administrative costs.
When a person is an independent contractor, Case Western Reserve University has the right to control or direct only the result of the work and not the means and methods of accomplishing the result. The IRS has a list of 20 common law factors to assist in determining if the service provider is an employee or an independent contractor.
Workers have the characteristics of employees if they:
- Must comply with employer's instructions about when, where, and how to work.
- Receive training from or at the direction of the employer.
- Provide services that are integrated into the business.
- Provide services that must be rendered personally.
- Do not hire, supervise, or pay their own assistants.
- Have a continuing relationship with the employer.
- Must follow set hours of work.
- Work full-time for the employer.
- Do their work on the employer's premises.
- Must do their work in a sequence set by the employer.
- Must submit regular reports to the employer.
- Receive payments of regular amounts at set intervals.
- Have their business and/or traveling expenses paid.
- Use tools and materials furnished by the employer.
- Lack a major investment in facilities used to perform the services.
- Cannot make a profit or suffer a loss from their services.
- Work for one employer at a time.
- Do not offer their services to the general public.
- Can be dismissed by the employer.
- May quit at any time without incurring liability.
Follow the steps outlined on Procurement’s independent contractor web site located at https://case.edu/procurement/ when engaging an independent contractor and making payment into People Soft.
Volunteers are individuals who donate time and services with no expectation of a return in goods, services, compensation or benefits. They may provide services to Case Western Reserve University for specific reasons and for limited times if they sign a Volunteer Waiver and Release Form (#HR30020101). No volunteer under the age of 18 will be able to volunteer in any position deemed hazardous by Human Resources and Environmental Health and Safety or involving exposure to hazardous materials. Supervisors may not accept the services of a volunteer to fill a staff position. Supervisors who are contacted by a volunteer should refer the volunteer to the Employment Office of the Human Resources Department for processing of the waiver and for an orientation to the university's Standards of Excellence.
Temporary Agency Employees
Individuals who are hired through the approved, on-site temporary agency are employees of the agency (See Temporary Employment Policy II-9).
Policy Administration: Hiring Authority