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It is important that workers are properly classified. Workers that are misclassified as independent contractors may not be eligible for important benefits and legal protections that are provided to employees. Employers who misclassify workers as independent contractors gain an unfair competitive advantage against other employers.
To learn more about proper classification of workers, see the Steps to Properly Classify a Worker.
If you suspect that you may be misclassified as an independent contractor, contact DWD at:
The links below will guide you through Wisconsin’s worker classification laws. Select the appropriate law(s) to begin the process to evaluate if you're being properly classified.
Under civil rights laws, including employment discrimination, family medical leave, and others, workers are presumed to be employees unless the employer can prove otherwise. To determine if a worker is an employee or independent contractor under civil rights laws, the Equal Rights Division uses the Right of Control and Economic Realities tests.
Under labor standards laws, including wage and hour laws, workers are presumed to be employees unless the employer can prove otherwise. To determine if a worker is an employee or independent contractor under labor standards laws, the Equal Rights Division uses the 6-part Economic Realities test.
Employees may be eligible for unemployment insurance benefits if they lose their jobs through no fault of their own. Independent contractors are not eligible for unemployment insurance benefits. Click on the Unemployment Insurance link below to take the test to determine if you are an employee or an independent contractor.
Nearly all employees in Wisconsin are covered by the Wisconsin Worker's Compensation Act and may be eligible for wage replacement and medical benefits for accidental injuries or diseases related to the employee's work. Independent Contractors are not eligible for worker's compensation benefits. Click on the Worker's Compensation link below for the nine-part test to determine whether a worker is an employee or independent contractor for worker's compensation in Wisconsin.