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DirectionsGeneral worker misclassification
Under Minnesota law, it is illegal for employers to misclassify workers who are employees as independent contractors. Employers cannot ask workers to complete documents that would misclassify or misrepresent them as an independent contractor. Learn more about the general worker misclassification law.
To determine if a worker is an employee or an independent contractor, employers should consider and weigh factors required by law including, but not limited to, who controls how work is done, who controls the location where work is performed, who provides materials and tools needed for the work and the payment method.
Note: Tax forms the employer requires a worker to fill out or provides to a worker are not a factor and do not determine whether a worker is properly classified as an independent contractor. For more information on the factors, see Minnesota Administrative Rules 5224.0330, 5224.0340 and 3315.0555.
Note: There are some industries or occupations that have their own set of factors or requirements, such as construction, barbers, bookkeepers, babysitters, musicians and models.
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.