oregon. been working for the same custom home builder for 14 months as 1099. set hours, use his tools, work alongside W-2 employees doing same exact work. just dawned on me this might be misclassification. what's the test in OR?
oregon. been working for the same custom home builder for 14 months as 1099. set hours, use his tools, work alongside W-2 employees doing same exact work. just dawned on me this might be misclassification. what's the test in OR?
OR uses a hybrid economic-realities + control test. set hours + employer's tools + working alongside W-2s = textbook employee misclassification.
file with OR Bureau of Labor and Industries. recovery includes back overtime, employer-side payroll taxes (employer pays them, not you), workers comp coverage retroactively if you were ever injured.
also: if you got injured on the job at any point, workers comp would have been applicable. if employer didn't carry coverage = serious additional damages.
also: misclassification has retaliation protection. if employer fires you for inquiring about classification, that's a separate cause of action.