Duhaime's Law Dictionary


Means and Manner Definition:

The result and performance detail(s) of work.

A test of employment law in determining whether a worker is an employee or an independent contractor, including an assessment as to whether the purported employer exercises control over the means and manner of work.

For example, in Bryant; Justice Leon wrote:

"The analytical framework for determining whether an individual is an employee or an independent contractor is well-established. The Court must analyze the economic realities of the work relationship by considering all of the circumstances surrounding it.

"The threshold question is whether the defendant had a right to control the means and manner of the worker's performance....

"An employer controls the means and manner of an employee's performance if that employer can control and direct the result to be achieved and the details by which that result is achieved....

"In addition, however, the Court must also consider four other factors: (1) the intent of the parties, (2) whether using government contractors is justifiable as a prudent business decision, (3) the client's control over the work, and (4) whether the relationship has attributes commonly found in arrangements with independent contractors or employees."

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