[pbreit]

I drive a few hours/month whenever & wherever I want including not at all. It makes absolutely no sense whatsoever to classify me as an employee.

[adiabatty]

On the other hand, this also describes the work patterns of substitute teachers in the local school district and they're classified as employees.

[pbreit]

Not always. And the employer has quite a bit more say in what is to be performed.