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Employee vs Contractor

Employee versus contractor classification is a significant issue because it can have major economic consequences for workers and employers. There are also two "core factors" that are considered: the nature and degree of the worker's control over the work, and the worker's opportunity for profit or loss based on initiative and/or investment. Additionally, there are three other factors that may be considered as guideposts in the analysis: the amount of skill required for the work, the degree of permanence of the working relationship between the worker and the potential employer, and whether the work is part of an integrated unit of production. Misclassification of employees as independent contractors can result in liability under the FLSA for unpaid minimum wage and/or overtime compensation.

Explore our resources on this topic using the links below.

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E14: 1099 Contractors
May 24, 2022
Category: Podcasts
gavel
Judge Invalidates Joint Employer Rule, and Independent Contractor Rule Takes Effect
April 02, 2024
Category: Employment Law Newsletter: A Monthly Report On Labor Law Issues
buttefly classification book on a wooden table
Wage and Hour Issues New, Old Rules for Classifying Workers as Employees or Independent Contractors
February 06, 2024
Category: Employment Law Newsletter: A Monthly Report On Labor Law Issues
Employee Misclassification and Overtime Issues promo graphic
Webinar: Employee Misclassification and Overtime Issues
August 23, 2022
Category: Webinars: Employment Law "Hot Topics"
employee or indie contractor
Webinar: Employee or Independent Contractor: It’s Not Just a Matter of Choice
July 11, 2022
Category: Webinars: Employment Law "Hot Topics"