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Contractor or employee? How to classify correctly

7 min readPublished May 1, 2026
Construction crew reviewing plans on site

Misclassification is one of the most expensive payroll mistakes. The tests the IRS and states actually use.

Control is the key question

If you decide how, when and where the work is done, the worker is probably an employee — whatever the contract says.

States can be stricter

Several states apply an ABC test that makes contractor status harder to support. Check the rules where the person works.

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