Problem 1: Does the test for employee status make sense to you? Why or why not? Is the test overly broad, not broad enough, just right, or completely off?
Problem 2: If you created the test for employee status, what would it be?
Problem 3: Employers are automatically liable when their employees commit torts (negligently cause people harm) while acting within the course of employment. However, if the worker is an independent contractor, the party for whom the contractor works (the "employer" if it were an employment relationship) is not automatically liable. Does that make sense? Should the same liability attach in both circumstances?