Category: Employment Law Problems

How can you tell whether a worker is an independent contractor or an employee? You can find all about the tests that Texas uses to determine whether a worker is an employee or independent contractor in my latest podcast episode. In the episode, I cover the classical twenty factor test adopted from the common law test to determine whether a worker is an independent contractor and I also review the new test used for workers in the gig economy. It is absolutely critical that companies use the correct test to classify their workers.

Many employers fail to properly classify independent contractors. Employers that perform an analysis to confirm whether a worker is an independent contractor can often avoid misclassification problems. No employer wants to be one of these companies that end up with huge fines and the loss of morale of new “employees” that now believe the company was cheating them out of the money that they were owed. It is obviously much better to correctly determine whether a worker is an independent contractor. 

Unfortunately, misclassification is one of the most common employment law problems. But most employers can correct these issues by reviewing the independent contractor tests and carefully applying the tests to their workers, which is why you don’t want to miss this episode.

The information provided in this blog is for educational purposes only and is not legal advice. If you need legal advice, then you should speak with a lawyer about your specific issues. Every legal issue is unique. A lawyer can help you with your situation. Reading the blog, contacting me through the site, emailing me or commenting on a post does not create an attorney-client relationship between any reader and me.

The information provided is my own and does not reflect the opinion of my firm or anyone else.