(a) An employer shall not improperly classify an individual who performs services for remuneration paid by an employer as an independent contractor.
(b) An employer has improperly classified an individual when an employer-employee relationship exists, as determined by subsection (c) of this section, but the employer has not classified the individual as an employee.
(c) An employer-employee relationship shall be presumed to exist when work is performed by an individual for remuneration paid by an employer, unless to the satisfaction of the Mayor, the employer demonstrates that:
(1) The individual is an exempt person; or
(2)(A) The individual who performs the work is free from control and direction over the performance of services, subject only to the right of the person or entity for whom services are provided to specify the desired result;
(B) The individual is customarily engaged in an independently established trade, occupation, profession, or business; and
(C) The work is outside of the usual course of business of the employer for whom the work is performed.
Effect of Amendments
The 2013 amendment by D.C. Law 19-300 added this section.