independent contractor
Defined in 5 dictionaries — Case Law, U.S. Code, Ballentine's (1916), Bouvier (1914), Black's (1910)
Definitions from Case Law
From 331 U.S. 704 - United States v. Silk · 1947Most cited · 1,477 citing opinions
It is the total situation, including the risk undertaken, the control exercised, the opportunity for profit from sound management, that marks these driver-owners as independent contractors.
United States Code
15 U.S.C. § 381 — for purposes of this section
the term “independent contractor” means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders for the sale of, tangible personal property for more than one principal and who holds himself out as such in the regular course of his business activities; and
26 U.S.C. § 856 — in this section (11 versions over time)
For purposes of this subsection and subsection (e), the term “independent contractor” means any person—
(A) who does not own, directly or indirectly, more than 35 percent of the shares, or certificates of beneficial interest, in the real estate investment trust; and
(B) if such person is a corporation, not more than 35 percent of the total combined voting power of whose stock (or 35 percent of the total shares of all classes of whose stock), or, if such person is not a corporation, not more than 35 percent of the interest in whose assets or net profits is owned, directly or indirectly, by one or more persons owning 35 percent or more of the shares or certificates of beneficial interest in the trust.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
One who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of his work. Powell v. Construction Co., 88 Tenn. 692, 13 S. W. 691, 17 Am. St. Rep. 925. The term ^ also defined to denote one who has the right to select, employ, and control the action of the workmen; Bennett v. Truebody, 66 Cal. 609, 6 Pac. 329, 56 Am. Rep. 117; Gay v, Kohlsaati 80 111. App. 185; one who is subject to his employer as to the results of his work only; Knoxville Iron Co. v. Dobson, 7 Lea (Tenn.) 367. A still broader definition has been given as follows: “Where a person is employed to perform a certain kind of work, in the nature of repairs or improvements to a building, by the owner thereof, which requires the exercise of skill and Judgment as mechanic, the execution of which is left entirely to his discretion, without any restriction as to its exercise, and no limitation as to the time in which the work is to be done, or as to the payment for the services rendered, and the compensation is dependent upon the value thereof, such person does not occupy the relation of servant under the control of the master, but is an independent contractor.” Hexamer v. Webb, 101 N. Y. 377, 4 N. E. 755, 54 Am. Rep. 703. Any one who follows a recognized independent calling has been held to be an independent contractor; as a slater; Mc- Carthy V. Second Parish in Town of Portland, 71 Me. 318, 36 Am. Rep. 320; an architect; De Ford v. State, 30 Md. 179; a horse trainer; Arasmith v. Temple, 11 111. App. 39; a manufacturer of shingles; Whitney v. CUfford, 46 WiS. 138, 49 N. W. 835, 32 Am. Rep. 703; a builder; Robinson v. Webb, 11 Bush (Ky.) 464; a licensed public carman; Mc Mullen v. Hoyt, 2 Daly (N. Y.) 271; a drayman; De Forrest v. Wright, 2 Mich. 368; a drover; 12 Ad. & El. 737; a plumber; Meany v. Abbott, 6 Phila. (Pa.) 256; and a stevedore; The Rheola, 19 Fed. 926; Hass
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
In the law of agency and of master and servant, an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods and without being subject to the control of his employer except as to the result of the work; one who contracts to perform the work at his own risk and cost, the workmen being his servants, and he, and not the person with whom he contracts, being liable for their fault or misconduct. People v. Orange County Road Co.nst. Co., 175 N. Y. 84, 67 N. E. 129, 65 In R. A. 33 ; Waters r. Pioneer Fuel Co., 52 Minn. 474, 55 N. W. 52, 38 Am. St. Rep. 564; Smith v. Simmons, 103 Pa. 36, 49 Am. Rep. 113; Holmes v. Tennessee Coal, etc., Co., 49 La. Ann. 14, 22 South. 403; Bibb v. Norfolk & W. R. Co, 87 Va. 711, 14 S. E. 165; Louthan v. Hewes, 138 Cal. 116, 70 Pac. lO65.
Defined under Independent in Black's Law Dictionary.