Worker Classification

This site was designed to provide employers with a clear and understandable process to assist them in determining if their workers are employees or independent contractors.

The questions in the evaluation process are derived directly from Wisconsin statutes that govern the classification of workers. We hope this site is helpful both to employers and others involved in worker classification.

Is a Worker an "Employee" or an "Independent Contractor"?

Employers are required by law to correctly classify each worker as either an "employee" or "independent contractor."

Legal Obligations

It is important for employers to correctly classify their workers. Worker classification determines whether or not the employer has legal obligations under the law for unemployment insurance, worker's compensation, wage payments, work hours, record keeping and civil rights protections. There are consequences for misclassifying or attempting to misclassify a worker as an independent contractor.

Steps to Classify a Worker

This website will guide you through Wisconsin’s worker classification laws. Select the appropriate law(s) to begin the process to evaluate how to correctly classify a worker as either an employee or independent contractor:

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