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9 points
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IIRC the test for being an employee, is having the employer at least controlling the employee’s schedule

No that’s “a” test, it’s not “the” test. And you don’t have to pass all of the tests.

A perfect example is the CEO of a company. They control their own schedule. They are still employees… and in most of the world you need a reason to fire them.

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4 points

A CEO’s schedule is controlled by the board, that’s why they’re an employee.

It often happens that a CEO is also the chair of the board, so they can control the CEO (themself) themselves, but legally those are separate functions.

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