The law says AND. You need to comply with all three conditions. So, you would also need to be sure that they were: >free from control and direction of the hir

The law says AND. You need to comply with all three conditions. So, you would also need to be sure that they were: >free from control and direction of the hiring entity in connection with the performance of the work And: >person is customarily engaged in an independently established trade, occupation or business