It depends on how much control the company has over your work — not just what the contract calls you. Misclassification is common and can cost you overtime, benefits, and tax protections.
Your label in a contract doesn’t control whether you’re legally an employee or a contractor — the actual working relationship does. Key factors: how much the company controls how, when, and where you work; whether you can work for others; who provides tools; and how integral you are to the business. Being called a "contractor" while treated like an employee (set hours, close supervision, no other clients) is misclassification. It matters because employees get overtime, benefits, and employer-paid payroll taxes that contractors don’t.
Employees get overtime, benefits, unemployment eligibility, and employer-paid payroll taxes. Contractors don’t — so misclassification can cost you significantly.
You may be entitled to reclassification and back pay for overtime and benefits. States like California use strict tests that favor employee status.
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