It depends. Does your employer retain the right to control the how you perform your work? If yes, then you are an employee. If no, than you are an independent contractor. If maybe, then the Court will consider these additional questions:
- Are you engaged in a distinct business?
- Is your job usually done with or without supervision?
- What skills does your job require?
- Do you supply the tools, instruments and the place of work?
- How long do you work?
- How are you paid? By time or by the job?
- Is the work part of the regular business of the company?
- Did you or the company believe you were creating an employer-employee relationship?
These questions usually raise complicated and detailed answers. A judge or jury will weigh the answers to these questions to determine whether a person is an employee or independent contractor. As discussed here, the answer makes a difference as to how employment laws may be enforced.