Virginia: 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 insuranceIRS testVa. Code § 60.2-212(C)
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

Details and exceptions

Law: Va. Code § 60.2-212(C)

Running payroll in Virginia?

Recent changes

Last verified against the official source on October 9, 2026.

No changes recorded since we started tracking this page.

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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.