Despite Final DOL Ruling, Worker Classification Complexities Remain

A case relating to the classification of Amazon Logistics workers, now in the Wisconsin Supreme Court, highlights some of the state law complexities of worker classification issues. Under state unemployment insurance law, employee/contractor classification hinges on a nine-factor test. In this case, The Labor and Industry Review Commission found the workers met just one factor, while the Waukesha County Circuit Court found workers met all nine, and the Court of Appeals found workers met five.

Business Takeaway: While some federal developments on independent contractor classification are in the news, it is further complicated by state law. This case is exacerbated by three different answers from three different authorities. Of course, this case does not even get into the fact that, in Wisconsin, the nine-factor test is just one of the classification tests to consider (see, e.g., the Worker’s Compensation Nine Requirements Test). Contact us if you have questions on how to classify your workers.