Alabama: employee or independent contractor?

The test depends on which law you're dealing with. A worker can be a contractor for one law and an employee for another.

LawTestStatute
Unemployment insurancecommon lawCode of Ala. § 25-4-10(a)(1)b.
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

Details and exceptions

Law: Code of Ala. § 25-4-10(a)(1)b.

Running payroll in Alabama?

Recent changes

Last verified against the official source on October 8, 2026.

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Sources

We copy figures from official sources and re-check them against the source before every update. See our methodology. This is general information, not legal advice.