Wagevane

W-2 Employee vs. 1099 Contractor: Costs and Rules

The tax, cost and legal differences between hiring an employee and paying an independent contractor.

Updated November 2, 2026 by the Wagevane editorial team.

A W-2 employee is on your payroll. A 1099 contractor runs their own business and invoices you. The label is not a choice: it depends on how the work is actually controlled, and misclassification brings back taxes, penalties and interest.

Cost differences

Who counts as an employee

The IRS looks at behavioral control, financial control and the relationship between the parties. The Department of Labor applies an "economic reality" test under the Fair Labor Standards Act. Several states use the stricter ABC test, including California, Massachusetts, New Jersey and Illinois for some laws, under which a worker is an employee unless the work is outside the usual course of your business, among other conditions.

Signs a worker is an employee

Practical advice

When in doubt, treat the worker as an employee or get advice from an employment attorney. You can ask the IRS for a determination with Form SS-8. Compare the full cost of a W-2 hire with the cost-to-hire calculator.