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Misclassification of employees as independent contractors is found in an increasing number of workplaces in the United States, in part reflecting larger restructuring of business organizations.  When employers improperly classify employees as independent contractors, the employees may not receive important workplace protections such as the minimum wage, overtime compensation, unemployment insurance, and workers' compensation.  Misclassification also results in lower tax revenues for government and an uneven playing field for employers who properly classify their workers.  Although independent contracting relationships can be advantageous for workers and businesses, some employees may be intentionally misclassified as a means to cut costs and avoid compliance with labor laws.

  • Is the work an integral part of the employer's business?
  • Does the worker's managerial skill affect the worker's opportunity for profit or loss?
  • How does the worker's relative investment compare to the employer's investment?
  • Does the work performed require special skill and initiative?
  • Is the relationship between the worker and the employer permanent or indefinite?
  • What is the nature and degree of the employer's control?

For more information on the "Administrator's Interpretation No. 2015-1

http://www.dol.gov/whd/workers/Misclassification/AI-2015_1.pdf

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