4. Independent Contractors v. Employees

a. In New Mexico, what are the elements that we review to determine if a person is a non-employee contractor under the ABC Test?

b. Deandre works for Tango, a startup that delivers farm fresh food to. your door. Deandre was hired by Tango to develop a new marketing campaign. Darren does the work through his own company Viralocity LLC, he has his own employees under Viralocity LLC, and he bills Tango via invoice. Is Darren more likely an employee or an independent contractor? why?

c. Jesse works as customer support for Tango. Jesse receives a paycheck on the 15th and 30th of every month, she wears a uniform to work every day, has insurance through Tango, and supervises others in the customer support department. Is Jesse more likely an employee or an independent contractor? why?