The Act, in section 8(b), makes it plain that the coverage of
service employees depends on whether their work for the contractor or
subcontractor on a covered contract is that of a service employee as
defined in section 8(b) and not on any contractual relationship that may
be alleged to exist between the contractor or subcontractor and such
persons. In other words, any person, except those discussed in
Sec. 4.156 below, who performs work called for by a contract or that
portion of a contract subject to the Act is, per se, a service employee.
Thus, for example, a person's status as an ``owner-operator'' or an
``independent contractor'' is immaterial in determining coverage under
the Act and all such persons performing the work of service employees
must be compensated in accordance with the Act's requirements.
