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Independent Contractors: Pennsylvania

Independent Contractors requirements for other states

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

Author: XpertHR Editorial Team

Summary

  • Pennsylvania courts have applied an economic realities test to determine whether a worker is an employee or an independent contractor under the state minimum wage law. See Minimum Wage Act.
  • A right to control test is used to determine independent contractor status under the workers' compensation law. See Pennsylvania Workers' Compensation Act .
  • Pennsylvania uses a modified ABC test to determine whether a worker is an employee under the state's unemployment compensation law. See Unemployment Compensation Law.