Wisconsin: 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.
| Law | Test | Statute |
|---|---|---|
| Unemployment insurance | other (state statutory test) | Wis. Stat. § 108.02(12)(bm) |
| Federal income tax, FICA, FUTA | IRS common-law test | IRS |
| Federal minimum wage and overtime | Economic reality test (FLSA) | DOL |
Details and exceptions
- effective_date is the DOL table baseline (in effect on or before 2023-01-01); the enactment date was not checked.
- Paragraph (bm) applies to employers other than government units and nonprofits, for workers other than loggers and truckers; DOL footnote 6 says those groups use the A and C tests.
- Workers' comp test not checked in this pass (Business insurance lane).
Law: Wis. Stat. § 108.02(12)(bm)
Running payroll in Wisconsin?
Recent changes
Last verified against the official source on October 9, 2026.
No changes recorded since we started tracking this page.
Sources
- Wisconsin State Legislature (Wisconsin Statutes) · data as of October 8, 2026 · last checked October 9, 2026
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.