Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
5224.0070 CONSULTANTS.
Subpart 1.
Definition.
A consultant is one who confers with and advises people on matters within the particular field in which he or she specializes. The consultant has developed a peculiar knowledge or special skill of a professional or semiprofessional nature through extensive training and education or through wide experience in a particular occupation.
Subp. 2.
Independent contractor.
A consultant is an independent contractor if all of the following criteria are substantially met.
B.
The consultant advertises in newspapers or trade journals, or maintains business listings, or otherwise holds himself or herself out to the public as being available for a particular type of service.
D.
The consultant's success in the business world is dependent entirely on personal efforts and the demand by the public for the services.
E.
The consultant operates under an arrangement where for a set fee technical advice or assistance is given.
H.
The consultant is not required to observe regular hours of work either at the firm's offices or at home.
I.
The consultant agrees only to be available for conferences and consultations at the request of the firm or, as in some cases, to perform services on a specified minimum number of days.
J.
The consultant makes no regular reports and is not required to attend regular conferences with members of the firm.
K.
The consultant is not subject to control or supervision, but is given a free hand in doing work.
L.
The consultant is employed to do a specific job and those who employ the consultant are interested only in the result accomplished and not in the manner and means of accomplishing it.
History:
10 SR 1852
Published Electronically:
June 11, 2008
Official Publication of the State of Minnesota
Revisor of Statutes