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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.