The bill does account for that which is why classes of contractors have been able to win exceptions for it. The test is not an end-all for independent contractors, but I think the test is pretty good as, for example, if you work in one of those Turk platforms for Amazon/Facebook the work you do is considered contracting but to actually make money you HAVE to do 40+ hours and are given very few options about what type of work you can do (do you want to look at child porn or do you want to moderate hate speech or do you want to do these other family of tasks which are not as rewarding but less taxing psychologically). In your case, I think you're misunderstanding the control of work. He's not gonna rearrange his life schedule for the work, nor will he be forced to live in your house nor will he make any major outside of work changes. Less control refers to algorithmic bosses that in the name of a flexible work schedule end up rearranging your whole day-to-day schedule.