Worker misclassification has become a top enforcement priority for the IRS, U.S. Department of Labor, and state unemployment agencies. The legal distinction dictates wage, tax, and liability obligations.
The Department of Labor Economic Reality Test
The federal DOL evaluates worker classification using multi-factor economic reality standards:
- Opportunity for profit or loss depending on managerial skill.
- Investments by the worker and the potential employer.
- Degree of permanence of the work relationship.
- Nature and degree of control exercised over performance.
- Extent to which the work performed is an integral part of the employer’s business.
- Skill and initiative required for the role.
The Strict State "ABC" Test
States including California, New Jersey, and Massachusetts apply the ABC test, presuming all workers are employees unless the hiring entity proves the worker is free from control, performs work outside the usual course of business, and is customarily engaged in an independent trade.