Contractor Misclassification Risk Score | Worker Classification

Worker's primary state

Worker's role

Company sets the worker's schedule or hours

Workers who set their own hours are more likely independent contractors

Company controls HOW the work is done (not just the result)

Directing methods, tools, and processes suggests employment

Company provides training on how to perform the work

Training indicates employer control over methods

Company uses performance reviews or evaluations

Ongoing performance management suggests employment relationship

Company reimburses business expenses

ICs typically cover their own expenses

Company provides tools, equipment, or software licenses

ICs typically use their own tools

Worker is paid a fixed salary or hourly rate (not per project)

Project-based or milestone billing is more IC-like

Worker works exclusively (or primarily) for this company

ICs typically have multiple clients. Single-client exclusivity is a strong employment indicator.

No written independent contractor agreement in place

A written agreement defining the IC relationship is essential (though not dispositive)

Worker receives employee-type benefits (health, PTO, equity)

Providing benefits strongly suggests employment relationship

Relationship is ongoing/indefinite (not project-based)

ICs are typically engaged for defined projects with clear end dates

Worker performs core business functions (not ancillary services)

Under the ABC test, worker must be outside the usual course of business

Worker does not have their own business entity or business license

Under the ABC test, worker must be customarily engaged in an independent business

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