No, temporary dental auxiliaries cannot be considered independent contractors under Connecticut State Labor Laws. Temps must be placed on someone’s payroll, either the dental office’s or Dental Works. This is covered in the following statute:
Connecticut Determination of Independent Contractors
Connecticut General Statues Section 31-222(a) (1) (B) (ii)
Connecticut General Statues Section 31-222(a) (1) (B) (ii) states that in order to be considered an independent contractor, an individual must meet all three of the following tests:
A) The worker must be free from direction and control in the performance of the
service both under the contract of hire and in fact. (Essentially, this is the common law definition.) AND
B) The worker’s services must be performed: EITHER
1) Outside the usual course of the employer’s business OR
2) Outside all of the employer’s places of business. AND
C) The worker must be customarily engaged in an independently established trade, occupation, profession or business of the same nature as the service being provided.
IRS Independent Contractor Defined
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
You are NOT an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done.) What matters is that the employer has the legal right to control the details of how the services are performed.
Therefore, Dental Hygienists, Assistants and Office Support Staff cannot be considered independent contractors.