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.