---
kind: "section"
citation: "20 C.F.R. § 203.3"
title: "20"
number: "203.3"
heading: "When an individual is performing service for an employer."
url: "https://uscodex.org/cfr/20/203.3"
---

# §203.3. When an individual is performing service for an employer.

- (a) **The legal relationship of employer and employee is defined by the act.** Thus, an individual is performing service for an employer if:
  - (1) He is subject to the right of an employer, directly or through another, to supervise and direct the manner in which his services are rendered; or
  - (2) In rendering professional or technical services he is integrated into the staff of the employer; or
  - (3) He is rendering personal services on the property used in the operations of the employer and the services are integrated into those operations.
- (b) The provisions in [paragraph (a)](#a) of this section are controlling irrespective of whether the service is performed on a part-time basis, and, with respect to [paragraph (a)(1)](#a-1) of this section, irrespective of whether the right to supervise and direct is exercised.

## Notes

### Authority

Authority: Secs. 1, 10, 50 Stat. 307, as amended, 314 as amended; 45 U.S.C. 228a, 228j, unless otherwise noted.

### Source

Source: 12 FR 1133, Feb. 19, 1947, unless otherwise noted.