Alaska Civil Pattern Jury Instruction 23.03

____________ claims that during the time relevant to this case, [alleged employee] was an employee of [alleged employer]. [Alleged employer] denies that [alleged employee] was [his][her][its] employee.

To determine if [alleged employee] was an employee of [alleged employer], you must consider several factors. The most important factor is whether [alleged employer] had the right to control how [alleged employee] performed the work, rather than just the right to specify the result of the work. If so, this factor supports the conclusion that [alleged employee] was [alleged employer]’s employee. If not, this factor supports the conclusion that [alleged employee] was not [alleged employer]’s employee.

In addition to the right of control, you must consider other relevant factors. The presence of the following factors supports the conclusion that [alleged employee] was [alleged employer]’s employee. On the other hand, the absence of these factors supports the conclusion that [alleged employee] was not [alleged employer]’s employee:

• [alleged employer] supplied the equipment, tools and place of work;

• [alleged employee] was paid by the hour rather than by the job;

• the work being done by [alleged employee] was part of the regular business of [alleged employer];

• [alleged employee] did not work for anyone other than [alleged employer];

• the kind of work performed by [alleged employee] is usually done under the direction of a supervisor rather than by a specialist working without supervision;

• the kind of work performed by [alleged employee] does not require specialized or professional skill;

• the services performed by [alleged employee] were to be performed over a long period of time;

• [alleged employer] and [alleged employee] believed that they had an employer-employee relationship;

• [alleged employer] operated a business; and

• [alleged employee] was not engaged in a distinct occupation or business.