Using Independent Contractors and Outside Firms: Avoiding Employee Misclassification Checklist

A Checklist of independent contractor classification considerations and practical steps a company can take to minimize the risk of misclassification of employees as independent contractors. This Checklist considers individual workers and using outside firms as independent contractors. It is jurisdiction-neutral.

This resource is being updated to reflect the DOL's Administrator Interpretation 2015-1, The Application of the Fair Labor Standards Act's "Suffer or Permit" Standard in the Identification of Employees Who Are Misclassified as Independent Contractors. 


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