Vermont: 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 insuranceABC21 V.S.A. § 1301(6)(B)
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

The ABC test

Under Vermont's unemployment law, a worker is an employee unless all three parts are met:

(i) free from control or direction over the performance of the services, both under the contract of service and in fact; (ii) the service is either outside the usual course of the business for which the service is performed or performed outside of all the places of business of the enterprise; (iii) customarily engaged in an independently established trade, occupation, profession, or business.

Details and exceptions

Law: 21 V.S.A. § 1301(6)(B)

Running payroll in Vermont?

Recent changes

Last verified against the official source on October 9, 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.