Wouldn't it be easier to deal with the state or federal Depts of Labor. They have a well established test for employee status derived from the common law . It is essentially the same test used to establish an employer's liability for the torts of his employees.They look to the right to control as the determining factor of employee status.
 
If the prospective "employer" has the right to control the prospective "employee" in both the end product of his labor as well as the means by which he accomplishes the end product, he is more likely an employee than an independent contractor. Depending upon whether you are working with the federal or one of the state governments the test consists of approximately 20 points (questions). Only a majority of the points need to be satisfied in order establish employee status.

Once employee status is established, the Depts of Labor have a whole selection of both civil and criminal penalties for employer violations of  labor/employment law.