Gig workers: Misclassified or mistreated? A guide and a quiz to find out

From The San Diego Union-Tribune, Kathy Kristof discussions misclassification and shares a quiz created by the editors of to help determine if a worker is an employee or independent contractor. Kathy writes:


How do you know? It requires a bit of background to explain. There are essentially two types of workers: (1) people who work for someone else as employees and (2) people who work for themselves as self-employed independent contractors. Employees get job security and reliable pay; but independent contractors get freedom to work when and how they want.

However, thanks to thousands of companies ranging from Lugg and Handy to Fiverr and Rover, that offer work “marketplaces,” the lines between independent contractors and employees have blurred. That’s because some of these marketplaces impose employee-like restrictions on the independent contractors who find jobs through them.

Does that make them employees? That depends.

The Department of Labor will start enforcing new rules in March that aim to delineate who is an employee and who is an independent contractor. It’s a complex, multi-part test. The editors of created a 25-question quiz based on the upcoming rules that should help you figure out which side of that line you fall on.

It’s important to note that the law delineating who is an employee and who is self-employed is murky. There are no bright lines. But, the higher you score on this quiz, the more likely it is that you’re an employee — not a self-employed independent contractor.

And if that’s the case, you could be due up to two years’ worth of lost wages, plus penalties that could double the damages. (See “Your Action Plan” below.)


Give yourself four points for every (A) answer; and 0 points for each (B) answer.

The quiz

1. Were you given job training, with an expectation that you would perform future job duties as you were trained to?

(a) yes (b) no

See the full quiz and read the full story at Gig workers: Misclassified or mistreated? A guide and a quiz to find out – The San Diego Union-Tribune

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