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DirectionsWorker misclassification
Under Minnesota law, it is illegal for employers to misclassify workers who are employees as independent contractors.
When workers are misclassified, they often do not receive minimum wages, overtime pay, earned sick and safe time, pregnancy and parental leave, coverage under workers’ compensation and unemployment insurance and other workplace protections that workers classified as employees have the right to receive.
Employers who misclassify workers as independent contractors can face penalties and may owe affected workers back wages and other compensatory damages, whether the misclassification was intentional or not.
Worker misclassification is against the law in Minnesota in all industries, including the construction industry. There is a specific independent contractor test for the construction industry and separate ones for other industries. Learn more by visiting the pages below.
If you believe you have been misclassified as an independent contractor or have questions, contact the Department of Labor and Industry’s Labor Standards Division at 651-284-5075 or dli.laborstandards@state.mn.us.
Resources
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Learn more about the Intergovernmental Misclassification Enforcement and Education Partnership.
Contact
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Minnesota Department of Labor and Industry: Contact dli.laborstandards@state.mn.us or 651-284-5075.
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Minnesota Department of Revenue: Contact withholding.tax@state.mn.us, 651-282-9999, 1-800-657-3594 or visit the Classifying a worker page or the Independent contractor or employee page.
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Minnesota Attorney General: Contact wage.theft@ag.state.mn.us, 651-296-3353, 800-657-3787 or visit the Independent contractor misclassification page.
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Minnesota Department of Employment and Economic Development: Contact 651-296-6141 or visit the Independent contractors page.
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Minnesota Department of Commerce: Contact consumer.protection@state.mn.us, 651-539-1600 or visit the Employee misclassification page.