Independent contractor or employee: What’s the current test?
Abstract: With a labor shortage and COVID-19-related budget crunches, some nonprofits have turned to freelancers and contractors to fill staffing gaps. But are those individuals actually employees? Employers that misclassify workers can face harsh consequences, so it’s important to know the proper standard. This article reviews the status of the rule after a Trump administration revision failed to take effect, and the test as it currently exists under U.S. Supreme Court and Department of Labor rules. A short sidebar looks at the IRS approach to worker classification.