“In Wisconsin, different tests govern whether an individual is considered an independent contractor for different laws. The test to determine whether an individual is an independent contractor for purposes of worker’s compensation is different than that for unemployment insurance. There is a separate test for the Wisconsin Fair Employment Act governing workplace discrimination, and yet another test for wage and hour issues in Wisconsin. The Wisconsin Department of Workforce Development (DWD) has posted a useful online tool [link no longer works] to help employers navigate these multiple tests.
Recently, DWD updated its page regarding the test for wage and hour issues to say: “The Labor Standards Bureau also follows interpretations of the U.S. Department of Labor’s Wage and Hour Division in this regard.” There is now a link to the DOL guidance issued earlier this month….”
Read the full story Where Does Wisconsin Stand On Independent Contractors? It Depends!