Civil Rights - Worker Classification

Eleven Additional Factors

Factor Nine - Retirement Benefits

The ninth of eleven additional factors used to determine if a worker is an employee or a non employee is whether the worker accumulates retirement benefits.

Explanation of Factor Nine

Accumulating retirement benefits from an employer is an indication that a worker is an employee. Non employees are generally responsible for providing for their own retirements. Accumulating retirement benefits and/or other benefits from an employer is an indication that the worker is economically dependent on the employer.

Case Studies

The department has provided case studies from state and federal court decisions and from LIRC decisions relevant to the factors that make up the employee/ non employee test. View the case studies.

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