Employee vs. Independent Contractor Classification Tool
✅ Used by hundreds of Texas businesses ✅ IRS & TWC compliant ✅ Professionally-developed
⚠️ Important: Worker misclassification can cost businesses $1,000+ per worker in penalties. This tool provides guidance based on current IRS and Texas Workforce Commission criteria. Results do not constitute legal advice - consult with an employment attorney for specific situations.
BEHAVIORAL CONTROL
Does your company provide specific instructions on how, when, and where the work should be performed?
BEHAVIORAL CONTROL
Do you provide training or require the worker to attend company meetings/training sessions?
BEHAVIORAL CONTROL
Do you set the worker's schedule or require them to work specific hours?
FINANCIAL CONTROL
Do you provide tools, equipment, materials, or software needed for the work?
FINANCIAL CONTROL
Do you pay the worker a regular salary or hourly wage (rather than per project/contract)?
FINANCIAL CONTROL
Does the worker have the opportunity to realize a profit or loss from their work with you?
RELATIONSHIP OF PARTIES
Do you provide employee benefits (health insurance, vacation pay, retirement plans, etc.)?
RELATIONSHIP OF PARTIES
Is the work performed a key aspect of your company's regular business operations?
RELATIONSHIP OF PARTIES
Is the working relationship expected to continue indefinitely (rather than for a specific project)?
TEXAS COMMON LAW
Do you have the right to control the details of how the work is performed?
TEXAS COMMON LAW
Does the worker use primarily their own tools, equipment, and workplace?
This free employee vs independent contractor classification tool helps Texas businesses determine proper worker classification and avoid costly penalties. Our assessment covers IRS guidelines and Texas Workforce Commission requirements to ensure compliance.
Why proper worker classification matters:
- Avoid $1,000+ penalties per misclassified worker
- Ensure proper payroll tax withholding
- Meet Texas employment law requirements
- Protect your business from IRS audits
Take our comprehensive assessment to get professional guidance on your worker classification decisions.