Some employers incorrectly treat workers who are employees under the FLSA as independent contractors. This is called “misclassification.”

Common myths about misclassification include

  1. Employers may not misclassify an employee for any reason, even if the employee agrees.
  1. A worker is not an independent contractor under the FLSA merely because they work offsite or from home with some flexibility over work hours.
  1. Whether a worker is paid by cash or by check, on the books or off, they may still be an employee under the FLSA.
  1. “Common industry practice” is not an excuse to misclassify you under the FLSA.
  1. Having an employee identification number (EIN) or paperwork stating that a worker is performing services as a Limited Liability Company (LLC) or other business entity does not make them an independent contractor under the FLSA.
  1. Signing an independent contractor agreement does not make a worker an independent contractor under the FLSA.
  1. Receiving a 1099 does not make a worker an independent contractor under the FLSA.
  1. Even if a worker is an independent contractor under another law (for example, tax law or state law), they may still be an employee under the FLSA.