In determining whether one acting for another is a servant or an independent contractor, the following matters of fact, among others, are considered:
(2) whether or not the one employed is engaged in a distinct occupation or business;
(3) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;
(4) the skill required in the particular occupation;
(5) whether the employer or the workman supplies the instrumentalities, tools and the place of work for the person doing the work;
(6) the length of time for which the person is employed;
(7) the method of payment, whether by the time or by the job;
(8) whether or not the work is a part of the regular business of the employer;
(9) whether or not the parties believe they are creating the relation of master and servant; and
(10) whether the principal is or is not in business. A master is in many instances liable, under the theory of respondeat superior, for the torts of his servant, but not for those of an independent contractor. See fellow servant rule; master and servant. Compare agent; contractor [INDEPENDENT CONTRACTOR]
