Worker Misclassification Risk Calculator

Misclassification is decided on how the working relationship runs day to day, not on what the contract calls it.

Nine factors, weighted by how heavily authorities lean on each one
Adjusted for enforcement in the country you hire in
Your risk level on screen, the full breakdown by email

Check my risk

Nine questions, about a minute, no account needed.

Contractor 2 years

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Hired through EliteBrains

Safe

Your misclassification risk

High risk

6 of 9 factors point toward employment - risk index 68/100

+16% You set their working hours

+16% They work exclusively for you

+11% Paid a regular wage, not per project

What independent contractor misclassification actually means

You signed an agreement with an independent contractor. However, that agreement doesn't decide how they're classified - a tax authority or a court can look past it and rule they were an employee all along. What matters is how the work actually happens, not what is on paper. Set working hours, provided equipment, or exclusivity are just a few factors that can lead to reclassification and consequently backpay, penalties and legal trouble.

The checker below scores the nine factors that decide it.

How authorities decide whether someone is really a contractor

There's no single global test. Every country has its own, and in the US, every state does too. The US common-law test looks at three things: who controls the work, who bears the financial risk, and what kind of relationship the two sides have. Some US states use a stricter ABC test instead, which assumes employment unless the company can prove otherwise. Europe and Latin America use their own statutory tests, built on similar ideas but with different thresholds.

The same factors keep showing up everywhere: who controls the work, exclusivity, how integrated someone is, and how they're paid. That's why one nine-factor check works as a directional read no matter where you're hiring.

How much misclassification risk are you carrying?

Misclassification is judged on how the working relationship actually runs day to day, not on what the contract calls it. Answer nine questions about one typical contractor and see where you stand.

Country you're hiring in

Contractors

0 of 9 answered

Your misclassification risk

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See which answers are driving your score

Every factor working against you, ranked by how much it weighs
What to change in each one to move the relationship back toward contractor
How Contractor of Record removes the exposure entirely

Where should we send it?

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One email with your breakdown. Unsubscribe any time.

This is a directional check based on common employment-status factors. It is not legal advice and not a guaranteed outcome. Rules differ by country and, in the US, by state.

Factors working against you

Already pointing the right way

Stop carrying the risk yourself

With Contractor of Record, EliteBrains becomes the contracting party and takes on the employment-status exposure - you keep working with the same people, on compliant contracts, with timesheets and global payouts handled in one place.

This is a directional check based on common employment-status factors. It is not legal advice and not a guaranteed outcome. Rules differ by country and, in the US, by state.

Worker Misclassification Risk Calculator

What independent contractor misclassification actually means

How authorities decide whether someone is really a contractor

How much misclassification risk are you carrying?

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