DOL Economic Reality · State ABC · IRC Section 3509

2026 1099 Contractor vs. W-2 Employee Scorecard

Score any worker against the 6-factor DOL test and state ABC rules, then download a signed classification memo.

6-Factor DOL TestChecks control, profit/loss opportunity, tools, and permanence.
State ABC OverrideFlags strict Prong B rules in CA, MA, NJ, IL, and WA.
Section 3509 Safe HarborCalculates reduced IRS penalty rates when 1099-NECs were filed.
Worker Role, Annual Compensation & 6-Factor Classification Audit
Attach to vendor W-9 and Subcontractor Agreement

Classification Score & Audit Determination

6-Factor Independence Score (Out of 100)100 / 100
Classification Audit Risk RatingLOW RISK (Valid 1099-NEC)
Prong B / ABC Test StatusPasses Independent Trade Standard

IRC § 3509 Reclassification Penalty Exposure (If Audited)

IRC § 3509(a) Exposure (If 1099-NEC WAS Timely Filed ~10.68%)$5,126
IRC § 3509(b) Exposure (If 1099-NEC Was NOT Filed ~20.46%)$9,821
Penalty Shield Created Solely by Filing Timely 1099-NECSaves $4,695