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Independent Contractors: Delaware

Independent Contractors requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: E. Chaney Hall, Kathleen Furey McDonough and Jennifer C. Wasson, Potter Anderson & Corroon LLP


  • Delaware law concerning independent contractors in the construction industry differs from federal law. See Determining Whether a Worker Is an Employee or an Independent Contractor.
  • Construction services employers must provide written notice to independent contractors at the time of hire. See Notice Requirements.
  • Employers that misclassify employees as independent contractors or violate the law in other ways are subject to fines of up to $20,000 and debarment from public contracts. See Liability.