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6) is critical, you can't just brush it off: someone who can hire other people to perform their labour is generally not an employee. What you're claiming applies to pretty much any fixed price contract, and it should be obvious that most such contracts don't result in an employee relationship. ALL of the necessary criteria must be met for that to happen - not just some.

e.g. I could be paid by a farmer to to work on such a chicken farm (presumably many people are), but I can't be paid by an Uber employee to cover their shift. That is a critical difference.



Then the farmer is just a manager exercising 'managerial skills' and his job cannot be sub-contracted, because Tyson only contracts with the manager/owner of the farm, not with someone that the manager/owner chooses to represent them before Tyson.




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