4 min read
Insight
How Many Hours Is Part-Time? And Why That’s the Wrong Question in 2025
Cristin Monnich
May 29, 2025
By Cristin Monnich, Head of Global Compliance Strategy & GM of AOR at Worksuite
💡 TL;DR: What You Need to Know
- “Part-time” has no fixed legal definition — and it won’t protect you from misclassification risk.
- Working fewer than 30 hours/week doesn’t matter if the engagement still looks like employment.
- U.S. and global frameworks (IRS, DOL, ABC Test, IR35, EU Directive) focus on control, integration, and economic dependence.
- Standardized hours, team meetings, and employer-supplied tools are major red flags.
- A structured classification process — ideally with AOR support — is your best line of defense.
Why I’m Writing This
If you’re hiring contractors — especially globally — you’ve probably asked or heard the question:
“How many hours is still safe for a 1099?”
I appreciate why it comes up. Everyone wants a clean threshold and clear criteria.
However,as someone who’s supported companies in managing worker classification for nearly two decades, I can tell you: the real danger isn’t in how many hours someone works. It’s in how embedded they are in your company — and how your company manages the relationship.
In 2025, enforcement agencies are moving fast. And they’re not just checking what’s written in your contracts — they’re interested in what happens in practice.
“Part-Time” Isn’t a Legal Defense
Let me be direct: there is no legally defined threshold for part-time that shields you from reclassification.
Not in the U.S., not in the UK, and certainly not across the EU.
Regulators care about:
- Who controls the work
- How economically dependent the contractor is
- Whether they’re performing core functions of your business
- How long they’ve been doing it — and how consistently
Even a freelancer logging 12 hours a week can trigger risk if they look and act like an employee.
What I Look for as a Compliance Lead
Here are the patterns that raise a red flag for me, regardless of “hours worked”:
- Contractors attending recurring team meetings or check-ins
- Using internal systems (Slack, Teams, Monday, Notion, etc.) daily
- Standardized schedule with the same company each week (e.g. Mon–Wed, 9am–1pm)
- Their work is functionally no different than what your FTEs do
- The relationship lasts longer than a few months or perhaps without a project end date
Remember: hours ≠ independence. Structure is what matters.
What the Law Actually Focuses On
Classification Rule | What It Focuses On | What Triggers Misclassification |
DOL Economic Reality Test (U.S.) | Autonomy, skill, permanence, profit/loss opportunity | You manage tasks, timelines, and tools, over an extended period of time. |
IRS Common LawTest | Behavioral, financial controls, relationship of the parties | Providing training, tools, or supervision. Ongoing relationships that are not project specific. Standardized, fixed payments. |
ABC Test | Control + core business + independent trade | Contractor fills a central business function or does not have an established business. Control over the methodology used. |
IR35 (UK) | Ability to Substitute hired workers, Control over the work, Mutuality of Obligation | The client places control over the worker, does not allow substitutes, there is an expectation for the relationship to continue |
EU Directive 2024/2231 | Control by digital platforms or clients | Platform sets pricing, monitors work, or assigns jobs |
What I Recommend Instead of Guessing
If you're working with part-time contractors — or thinking about scaling that model — here’s what I recommend:
- Start with a structured classification assessment — not just a contract. Make sure it is localized to the specific regional and federal guidance and case law, if applicable.
- Avoid assigning hours or dictating tools/processes. Let the freelancer work independently.
- Limit long-term engagements. Scope projects with clear end dates or milestones.
- Use an AOR when you have any doubt. It’s not just compliance — it’s protection.
- Document your rationale. Especially for roles that touch core business functions.
- Focus on the Outputs. To ensure success, focus on the acceptance criteria. How they deliver should not be of concern, so long as the outcome is to-specification.
How Worksuite Can Help
Worksuite Classify takes the guesswork — and liability — off your plate.
We help companies:
- Compliantly classify freelancers accurately across jurisdictions
- Generate audit-ready documentation for every engagement
- Manage global tax forms (W-9, W-8BEN, VAT, etc.)
- Stay compliant in real time as rules evolve
- Mitigate misclassification risk through indemnification
The peace of mind this brings — especially at scale — can’t be overstated. I’ve worked with clients who have transformed from sleepless nights before an audit to building confident, proactive classification programs with readily available defense files.
Take control before regulators do.
Connect with Worksuite to build a compliant and scalable approach to contractor classification and eliminate the gray areas that put your business at risk.
FAQ: Part-Time Contractors & Misclassification
Q: Is there a legal number of hours that defines part-time vs. full-time for 1099s?
A: No. U.S. labor laws do not define “part-time” when it comes to determining employment status. What matters is the degree of control and how integral the work is to your business.
Q: Does the IRS care if I have a contract that says the person is a freelancer?
A: The contract helps — but it’s not determinative. The IRS considers actual practice using their Common Law test.
Q: What if a contractor only works 10 hours a week? Is that safe?
A: Not necessarily. If the person is supervised, attends meetings, and works in your tools, they may still be classified as an employee. There is not a designation to consider the number of hours worked in any worker classification test.
Q: Can I safely hire a part-time contractor through Upwork or Fiverr?
A: Possibly — but marketplaces don’t necessarily eliminate risk. You’re still ultimately responsible for confirming the appropriate classification in the jurisdiction where the work occurs.
Q: What’s the benefit of using an Agent of Record (AOR)?
A: An AOR assumes the risk and handles compliance for you — including contracts, payments, tax forms, and legal classification.