02/27/2026
I did a lot of research before bringing on another MT to the practice, and this test helped me easily determine that I needed to hire a W2 employee, not a 1099 contractor. Why? Primarily because of section B - “the independent contractor has to perform work that is considered to be outside the scope of the hiring entity’s business.” Aka you can’t contract a music therapist for a music therapy practice. I’ve included a list of states that follow this test, those that follow some of the test, and what to look at if your state was not included. I hope this information helps, because I’ve seen far too many misclassifications in our field!
*I am very obviously NOT a lawyer - please take this information and do with it what you will*
