Wisconsin Employment of Independent Contractors Package

State:
Multi-State
Control #:
US-P60701-PKG
Format:
Word; 
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Description

Package containing Sample Employment Forms for Independent Contractors
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FAQ

Employers do not have to provide workers' comp for independent contractors, but Wisconsin requires such contractors to meet a stringent nine-part test.

What is a 1099 commission-only role? A 1099 commission-only role refers to a position where an individual, classified as an independent contractor, is compensated solely based on the commissions from sales or deals closed without a base salary.

Worker misclassification occurs when an employer treats individuals as independent contractors when they are employees. Under the law, workers are presumed to be employees unless the employer proves that workers meet the legal criteria to be independent contractors.

What if a sole proprietor doesn't have any employees? Answer: Under the Act, a sole proprietor who does not have any employees working in Wisconsin is not required to carry worker's compensation insurance.

As an independent contractor is not an employee, a Wisconsin employer is not required to provide coverage. Under Wis. Stats. § 102.07(8), an employer must satisfy a detailed, nine-part test when classifying a worker as an independent contractor instead of an employee.

An independent contractor is free to set his or her own hours. An independent contractor is free to determine in what order or sequence to perform his or her duties. An employee is required by the employer to perform his or her services at times or in a particular order or sequence established by the employer.

102.05(1), Wis. Stats. A subject employer is required to have a worker's compensation policy, as long as he or she has one or more part-time or full-time employees.

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Wisconsin Employment of Independent Contractors Package