The Seventh Circuit applied the five-factor test, developed in Knight v. United Farm Bureau Mut. Ins. Co., 950 F.2d at 378–79. Those factors are: "(1) the extent of the employer’s control and supervision over the employee; (2) the kind of occupation and nature of skill required, including whether skills were acquired on the job; (3) the employer’s responsibility for the costs of operation; (4) the method and form of payment and benefits; and (5) the length of the job commitment." Id.
The Seventh Circuit found that all of those factors favored finding that subcontractor was true employer, as the record showed that plaintiff received supervision from the subcontractor at the worksite, that the subcontractor issued all paychecks and W-2s, among other things.
The Seventh Circuit held that the fact that the defendant insisted that plaintiff be removed from worksite or that subcontractor had no other job to place plaintiff did not require different result.