Haw. Civil Jury Instr. 16.4

An independent contractor is not an employee. Whether a

person is an employee or an independent contractor depends on

the degree of control exercised over that person. If the person

contracting for the work has the express or implied power to

control the means and methods of performance or production, the

person performing the work is an employee and not an independent

contractor. If the person performing the work retains the

express or implied power to control the means and methods of

production, that person is an independent contractor and not an

employee.

PRACTICE NOTE: Different labor statutes utilize different tests

for determining whether an individual is an employee or an

independent contractor. See, e.g., Haw. Rev. Stat. § 383-6

(unemployment insurance), Haw. Rev. Stat. § 386-1 (workers

compensation, Haw. Admin. R. § 12-12-1 (prepaid health care),

Haw. Admin. R. § 12-11-1 (temporary disability). This

instruction may need to be revised where the statutes at issue

have a specific test for determining the existence of employee

status.

Locations v. Hawaii Dept. of Labor, 79 Hawaiʻi 208, 900 P.2d 784

(1995) (following Bailey’s Bakery v. Borthwick, 38 Haw. 16

(1948) and Tomondong v. Ikezaki, 32 Haw. 373 (1932)).