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How does Delaware define contractors vs. employees vs. labor brokers?

Delaware uses simple definitions to help businesses classify workers correctly. An employee works under the direction and control of the employer, meaning the employer decides how, when, and where the work is done. An independent contractor runs their own business, controls their own work, and carries their own licenses and insurance. A labor broker supplies labor to job sites and must follow strict reporting and compliance rules.

 

If a worker does not meet the legal test for an independent contractor, they must be treated as an employee.

 

Source: Construction Enforcement Understanding Worker Misclassification (English)
Law Reference:
19 Del. C. ch. 35 (definitions of “employee,” “independent contractor,” and “labor broker”)