Table 1
Comparison of workplace legal protections for employees and independent contractors in the United States
| Labor standard | Employee | Independent contractor |
|---|---|---|
| Minimum wage | √ | X |
| Overtime pay | √ | X |
| Unemployment insurance | √ | X |
| Workers’ compensation | √ | X |
| Paid sick days | √ | X |
| Paid family leave | √ | X |
| Health and safety protections | √ | X |
| Right to a union | √ | X |
| Discrimination and sexual harassment protections | √ | X |
Note: Employees receive these protections in places where they are statutorily prescribed.
Source: EPI analysis of federal and state laws.
This chart appears in:
- Misclassification, the ABC test, and employee status: The California experience and its relevance to current policy debates
- State Misclassification 2022
- Flexible work without exploitation: Reversing tech companies’ state-by-state agenda to unravel workers’ rights and misclassify workers as ‘contractors’ in the gig economy and beyond
- Flexible work without exploitation: Reversing tech companies’ state-by-state agenda to unravel workers’ rights and misclassify workers as ‘contractors’ in the gig economy and beyond
Next chart: States that have adopted the ABC test for unemployment insurance eligibility and/or wage and hour protections »