You work full-time hours, take orders from a boss, and use their tools—but you’re paid as a “1099 contractor”? You might be misclassified. Here’s what to know in 2025.
1. Why It Matters
Misclassification means:
- No overtime pay
- No workers’ comp
- No unemployment benefits
- No legal protections under FLSA
2. Key Signs You’re an Employee
- Set schedule
- Supervised work
- Can’t offer your services to others
- Use employer’s equipment
3. What You Can Do
- File a complaint with the Department of Labor
- Keep evidence (emails, contracts, time records)
- Consult an employment attorney
4. IRS Test
The IRS uses a 3-part test (behavioral, financial, type of relationship) to determine worker status.