Section 6 of the Act requires the authority to consider the real nature of the relationship between parties in order to determine whether a person is an employee or independent contractor. In making its determination, the authority will apply the common law tests of control, integration and the fundamental test, together with a consideration of the terms of the written agreement. Plainly, cases under section 6 are heavily fact specific. Therefore, while statements of principle such as those outlined above assist determination of status, the intensely factual nature of cases make trends in this area difficult to determine.
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