You put in the hours, meet deadlines and follow someone else’s process. Despite performing such tasks, the company classifies you as a contractor, leaving you without the protections that typically come with the job. That misclassification can affect your pay, benefits and legal rights. Here are five signs your role may not be classified correctly under state law.
1. Set hours
If the company dictates your start and end times, expects daily check-ins or limits when you can take time off, it may be treating you as an employee. In Wisconsin, that kind of control over your schedule is a key factor in determining proper classification.
2. Direct supervision
Independent contractors typically control how they meet project goals. If a manager checks in throughout the day, gives step-by-step instructions or requires approval at every stage, that level of oversight reflects how employers manage employees, not contractors.
3. No tax withholdings
When a company does not deduct taxes from your pay, it is classifying you as self-employed. However, that label needs to match how your work is actually structured. The law looks at specific factors to determine true independent workers, including how much control you have over the work, whether you bring your own tools and whether you carry financial risk.
4. Unpaid extra time
Employees receive overtime pay under wage and hour laws when they work more than 40 hours in a week. Contractors do not have that right. If the company expects you to respond after hours, stay available on weekends or complete last-minute tasks without adjusting your rate, that may suggest a legal discrepancy.
5. Same work, less protection
When you perform the same work as employees, use company tools and systems and follow internal policies, you are likely working under similar conditions. The law looks beyond job titles and contract language. It focuses on how you perform your work and whether it resembles an employee relationship in practice.
Misclassification is not always obvious, especially when the work feels steady and the expectations mirror those of full-time staff. However, when companies apply employee-level control without the required protections, that distinction matters. Understanding how Wisconsin defines independent contracting can help you recognize when a job title may not accurately reflect the nature of your role.