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Am I classified correctly as an independent contractor?

Posted on January 22, 2015 4:52 pm under Overtime Law and Minimum Wage Violations

To help employers classify their workers appropriately, the Wisconsin Department of Workforce Development devised a test that would measure different factors to assess whether or not the worker should be an independent contractor or an employee by evaluating if he is economically reliant upon the employer.

Part of this test is measuring how integrated the worker’s services are with the employer’s business. For a worker whose services are fully integrated with the employer’s business, he most likely should be classified as an employee. An example of this is a chef whose services would be impossible to carry out without the business owner’s tools, facilities, and management. Meanwhile, a painter who is asked to repaint the interior of the restaurant is most likely an independent contractor, as he is offering a service that is not integrated with the food service business.

To learn more about whether you have been misclassified as an independent contractor in Milwaukee, consult with an attorney at Habush Habush & Rottier S.C. ®. Call us at (414) 271-0900 today.