Licensed Insurance Agents or Brokers are independent contractors IF the Licensed Insurance Agent or Broker meets ALL of the following requirements:

• has income based upon sales and not on the number of hours worked;
• is not a life insurance agent receiving a training allowance subsidy;
• has entered into a written contract that outlines the services that they are to perform -- this contract may be terminated by either party at any time upon notice given to the other party;
• can work any hours they choose;
• incur their own expenses including automobile, travel and entertainment (office facilities and supplies may be provided by real estate firm); and
• shall NOT be treated as an employee for State and Federal tax purposes (other than FICA that is required for full time life insurance agents).

For a complete description of the written contract requirements, refer to WCL §2 [4].