Avoiding employee misclassification is more about actions than intent. If you treat a worker like an employee, regulators may classify them as an employee even if you never intended to create that relationship.Employee misclassification happens when a worker is treated like an employee but classified as an independent contractor (or given another incorrect status). The biggest risk factor is control: the more your business controls how, when, and where someone works, the more likely they are to be an employee.

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