Employment Classification

17.May, 2023

Employment Classification


Employee Classification: A Starting Point 


The Department of Labor published a Notice of Proposed Rulemaking in October 2022, which may establish a more consistent framework for employee classification, hopefully reducing the risk of employee misclassification.  

For now, no infographic, definition, or law can truly simplify the complexity of this issue. At Flexible Staffing Studio, we like the following graphic, this fact sheet provided by The Department of Labor, or this PDF from The IRS as solid starting points for organizations working through employee classification issues.

Graphic Source: The US Department of Labor


While there’s no one thing deciding factor, the more control your organization has in general, and in particular over the nature, schedule, and delivery of the work, the more likely you’re working with a W2 employee. And in general, the more autonomy, independence, and control the individual has over how, when, and what work they will do, the more likely you’re dealing with an independent contractor. 

Interested in learning more? Connect with us today at info@flexiblestaffingstudio.com