The IRS test

The IRS looks at the whole relationship, grouped into three areas:

New Jersey's ABC test

For unemployment, disability and wage-and-hour purposes, New Jersey presumes a worker is an employee unless the business shows all three of these: the worker is free from control, the work is outside the usual course of the business or its places of business, and the worker has an independently established trade or business. New Jersey has also stepped up penalties and enforcement for misclassification.

New York

New York generally applies a common-law control test, with stricter rules in specific industries such as construction and commercial goods transportation.

If you've misclassified workers

Frequently asked questions

What is the New Jersey ABC test?

A three-part test that presumes a worker is an employee unless the business proves the worker is free from control, the work is outside the usual course or places of the business, and the worker has an independently established business.

What happens if I misclassify an employee as a contractor?

You can owe back payroll taxes, penalties and interest, plus state unemployment and disability contributions, and New Jersey can impose additional misclassification penalties.

Can I fix misclassification without an audit?

Often yes. The IRS Voluntary Classification Settlement Program lets eligible businesses reclassify workers prospectively with a reduced payment for prior years.

Does a signed contractor agreement settle the question?

No. Agencies look at how the relationship actually works, not just the contract.