---
kind: "section"
citation: "20 C.F.R. § 1002.44"
title: "20"
number: "1002.44"
heading: "Does USERRA cover an independent contractor?"
url: "https://uscodex.org/cfr/20/1002.44"
---

# §1002.44. Does USERRA cover an independent contractor?

- (a) **No.** USERRA does not provide protections for an independent contractor.
- (b) In deciding whether an individual is an independent contractor, the following factors need to be considered:
  - (1) The extent of the employer's right to control the manner in which the individual's work is to be performed;
  - (2) The opportunity for profit or loss that depends upon the individual's managerial skill;
  - (3) Any investment in equipment or materials required for the individual's tasks, or his or her employment of helpers;
  - (4) Whether the service the individual performs requires a special skill;
  - (5) The degree of permanence of the individual's working relationship; and,
  - (6) **Whether the service the individual performs is an integral part of the employer's business.**
- (c) No single one of these factors is controlling, but all are relevant to determining whether an individual is an employee or an independent contractor.

## Notes

### Authority

Authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150).

### Source

Source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.