First, the Internal Revenue Service (IRS) can make a ruling on this issue if you file a Form SS-8. You might also wish to file a Form 8919 for Uncollected Social Security and Medicare Tax on Wages. IRS Publication 1779 has information about who may be considered an employee or an independent contractor. You can also call the IRS at 800-829-1040 for further assistance.
Second, misclassification of an employee can lead to an employee not being paid properly. In these situations, an employee could file a wage claim as explained under the “What should I do if my employer isn’t paying me correctly?” section above. You can contact the TWC Wage and Hour Department at 800-832-9243 for further assistance. Additionally, you can also report an employer's misclassification to TWC's tax department. You can locate your local unemployment tax office from the TWC's Unemployment Tax Contact Information webpage; by calling 800-832-9394 (Option 1); or by emailing tax@twc.texas.gov.
Third, you can notify the U.S. Department of Labor’s Wage & Hour Division (DOL) regarding the employer’s possible misclassification of employees as independent contractors. DOL has the authority to investigate an employer’s practices in this regard for all its employees as a whole. Their general toll free number is 866-487-9243. General information is available on the DOL Wage and Hour Division –We Can Help web site and information on how to file a complaint is available on their How to File a Complaint web page.