- 10 - dispute in this case, namely, that the status of a police officer changes from off-duty to on-duty if, while off-duty, the officer observes criminal conduct and engages in a law enforcement activity in response to such conduct. This change in status occurs, however, regardless of whether the police officer is engaged in providing police-type services to a third party, or is merely off-duty and happens to be in an area where and when his or her services are required. This change in status has no bearing on whether a Texas police officer is prohibited as a matter of law from earning and receiving compensation as an independent contractor. Petitioners also argue, as a matter of fact, that under the common-law principles relevant to such determinations, the level of control that the Department exerted over the services that petitioner provided to the companies renders him an employee of the Department with respect to such services.5 5The relevant factors in determining the characterization of an employment relationship include: (1) The degree of control exercised by the principal over the details of the work; (2) the payee's investment in facilities; (3) the payee's opportunity for profit or loss; (4) the permanency of the relationship between the parties; (5) the principal's right of discharge; (6) whether the work performed is an integral part of the principal's business; (7) what relationship the parties believe they are creating; and (8) whether nonmonetary benefits are involved. NLRB v. United Ins. Co., 390 U.S. 254, 258-259 (1968); Simpson v. Commissioner, 64 T.C. 974, 984-985 (1975); Feivor v. Commissioner, T.C. Memo. 1995-107. No one factor is determinative; rather all the incidents of the relationship must be assessed and weighed. NLRB v. United Ins. Co., supra at 258.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011