Code of Federal Regulations Title 20. Employees' Benefits § 20.1002.44 Does USERRA cover an independent contractor?

(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.