Worker classification is the highest-stakes recurring decision in payroll. Get it wrong in one direction and you owe back employment taxes, unpaid overtime, benefit-plan contributions, penalties, and interest — potentially for years, across every similarly situated worker. Get it wrong in the other direction and you have simply overpaid, which no agency will ever tell you about.
The difficulty is that there is no single test. Federal wage law, federal tax law, and state law each ...