Worker Misclassification Checker

The IRS and Department of Labor use different tests, but the core question is control: does the company control how and when you do the work, or just the result? Employees are supervised, use company tools, work set hours, and can't work for competitors. True contractors set their own hours, use their own tools, work for multiple clients, and control how they deliver results.

Key red flags: you're told when to show up and how to do your job, you use company equipment, you can't work for other clients, you perform the same core work as company employees, you've worked there continuously for months or years, and you never negotiated your rate. If most of these describe you, you may be misclassified.

You can file with the IRS using Form SS-8 (Determination of Worker Status) — the IRS will investigate and issue a determination. You can also file a complaint with the Department of Labor's Wage and Hour Division. Many states have their own agencies with even stronger enforcement. Filing is anonymous and protected from retaliation.

Yes. What you sign doesn't control your legal status — how the work actually functions does. Courts and agencies look at the real working relationship, not the contract label. Employers who call workers contractors to avoid payroll taxes, benefits, and labor law protections are violating the law regardless of what the agreement says.

You may be owed: back payroll taxes (the employer's share that they avoided), overtime you weren't paid, minimum wage shortfalls, the employer's share of FICA taxes you overpaid, benefits (health insurance, 401k match) you were excluded from, and potentially penalties. The employer is liable, not you. The IRS also imposes significant penalties on employers found to have misclassified workers.