Behavioral Control
Does the company control how, when, and where you work?
0 = you set your own hours, 10 = company sets exact hours
0 = you use your own, 10 = company provides everything
0 = fully flexible, 10 = fixed schedule required
0 = you decide how to do the work, 10 = step-by-step instructions
Financial Control
Who controls the financial aspects of the work?
0 = you invest significantly, 10 = no investment needed
0 = you can profit or lose money, 10 = flat pay regardless
0 = many clients, 10 = only one client
0 = you offer services widely, 10 = exclusive to one company
Relationship Type
0 = project-based, 10 = indefinite/ongoing
0 = you provide all tools, 10 = company provides everything
0 = contract-based termination, 10 = can be fired anytime
0 = no benefits, 10 = full benefits (health, PTO, 401k)
Classification Result
Based on IRS 3-factor test (SS-8)
⚠️ The IRS and DOL are increasing enforcement. Penalties include back taxes, benefits, and fines up to $1,000 per misclassified worker (IRC §3509).
- • This arrangement leans toward employee status. Consider reclassifying or restructuring.
- • High behavioral control suggests employee status. Reduce company direction over how work is performed.
- • The relationship structure suggests employee status. Consider using fixed-term contracts and removing benefits.
This tool provides general guidance only and is NOT a legal determination. Worker classification depends on the totality of circumstances and varies by state. Some states (like CA with AB5) use stricter tests. Always consult an employment attorney.