For many years, the residential building construction industry has utilized the nine legal requirements to determine independent contractor status.
Despite broad construction industry opposition during the 2024 legislative session, the legislature and Governor Walz pushed forward and created a new independent contractor test for the construction industry.
Starting March 1, 2025 the independent contractor test for the industry will change to fourteen requirements. An individual providing or performing commercial or residential building construction or improvement services is an independent contractor only if the individual operates as a business entity that meets all fourteen requirements when services are provided or performed.
Housing First Minnesota’s Contractor University has created a one-hour on-demand comprehensive course to provide an in-depth examination of the complexities surrounding the new independent contractor test and employee misclassification law. This course can be found here.
Additionally, the Minnesota Department of Labor and Industry recently released a number of resources found here:
- Learn more about the Intergovernmental Misclassification Enforcement and Education Partnership
- Misclassification FAQs
- Misclassification presentation
