Labor

Is that 1099 sub really a W-2 employee?

Gauge misclassification risk under the 2024 DOL economic-reality test, one factor at a time.

Answer yes / no

Misclassification risk

Employee-leaning factors0of 6

Low risk: looks like a genuine contractor

This reflects only the U.S. federal FLSA economic-reality test in the 2024 DOL final rule (29 CFR part 795). No single factor decides it, and this is a triage signal, not a legal determination. It does NOT cover the IRS test, the NLRA/ERISA, or STATE law, and many states use the stricter ABC test (e.g. California). Get legal advice before relying on contractor status.