Misclassification Risk Quiz
Answer eleven questions about how you work with a contractor to gauge your worker misclassification risk. Informed by the IRS common-law categories, the ABC test used in some US states, and the US Department of Labor economic-reality factors.
Test encoded: the US Department of Labor's 2024 economic-reality rule (six factors), 89 FR 1638. A February 2026 proposal to replace it is pending (91 FR 9932, 27 February 2026); check the Federal Register for a final rule. The IRS looks at three categories (behavioral control, financial control and the type of relationship); it does not use a 20-factor test.
Data as of 31 October 2026 · Sources: US DOL 2024 rule, 89 FR 1638; US DOL proposed rule, 91 FR 9932; IRS (page updated 19 May 2026).
Your answers
1.Do you set the worker’s specific hours or daily schedule?
Behavioral control
2.Do you direct how the work is done — tools, methods, step-by-step instructions?
Behavioral control
3.Is the engagement ongoing or indefinite, rather than a defined project with an end date?
Permanency of relationship
4.Is the work a core part of your main business (not a peripheral or one-off task)?
Integration / economic reality
5.Do you provide the equipment, software, or workspace and cover work expenses?
Financial control (IRS) / investments
6.Is the worker unable to earn more or lose money through their own business decisions (for example choosing which clients to take, setting prices, or hiring helpers), so that pay depends on the hours or tasks you assign?
Opportunity for profit or loss depending on managerial skill (DOL)
7.Has the worker made no significant investment of their own (tools, training, staff, marketing) compared with what you invest in the business?
Investments by the worker and the employer (DOL)
8.Is the worker simply doing the job you set, with no business-like initiative, such as finding work, pitching, or running their own operation?
Skill and initiative (DOL)
9.Does the worker work only for you, with no other clients?
Economic dependence
10.Do you pay a fixed regular wage (e.g. monthly salary or ongoing hourly) rather than per-project invoices?
Financial control
11.Is there no written agreement defining the worker as an independent contractor?
Relationship documentation
Your result
Answer all eleven questions to see your risk estimate.
Sources and assumptions
This quiz is an educational self-assessment, not legal or tax advice and not a determination of worker status. It encodes the six factors of the US Department of Labor's 2024 rule and will need re-versioning if a final rule replaces it. The factor weights are this site's judgement, not figures set by any agency. Classification rules vary by country, state, and agency, and depend on the full facts of each engagement. Consult a qualified employment lawyer or an Employer of Record provider before deciding how to engage a worker.