---
kind: "section"
citation: "29 C.F.R. § 4.155"
title: "29"
number: "4.155"
heading: "Employee coverage does not depend on form of employment contract."
url: "https://uscodex.org/cfr/29/4.155"
---

# §4.155. Employee coverage does not depend on form of employment contract.


The Act, in [section 8(b)](/cfr/29/8.md?p=b), makes it plain that the coverage of service employees depends on whether their work for the contractor or subcontractor on a covered contract is that of a service employee as defined in [section 8(b)](/cfr/29/8.md?p=b) and not on any contractual relationship that may be alleged to exist between the contractor or subcontractor and such persons. In other words, any person, except those discussed in [§ 4.156](/cfr/29/4.156.md) below, who performs work called for by a contract or that portion of a contract subject to the Act is, per se, a service employee. Thus, for example, a person's status as an “owner-operator” or an “independent contractor” is immaterial in determining coverage under the Act and all such persons performing the work of service employees must be compensated in accordance with the Act's requirements.


## Notes

### Authority

Authority: 41 U.S.C. 351 et seq.; 41 U.S.C. 38 and 39; 5 U.S.C. 301; Pub. L. 104-188, 2105(b); Pub. L. 110-28, 121 Stat. 112; Secretary's Order 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014).

### Source

Source: 48 FR 49762, Oct. 27, 1983, unless otherwise noted.