Many of you are likely familiar with the popular whodunnit movie franchise, Knives Out. The latest film in the series, Wake Up Dead Man: A Knives Out Mystery, released on November 26, 2025. It is a spectacular mystery filled with action and laughs. It also made me ponder one of the ever-present “mysteries” in the modern workplace, independent contractors.
The Knives Out franchise revolves around eccentric private investigator Benoit Blanc, portrayed by Daniel Craig, as he investigates seemingly impossible murders. Wake Up Dead Man thrusts Blanc into a small town in upstate New York to solve the murder of a divisive priest, Monsignor Jefferson Wicks (played by Josh Brolin). The main suspect, Father Jud Duplenticy (played by Josh O’Connor), assists Blanc in this venture, hoping to clear his name as a suspect and heal his ailing parish.
In the world of Knives Out, Blanc is perhaps the foremost private investigator. His clients hire him based on his reputation for brilliant sleuthing, his Holmesian ability to solve crimes. However, in addition to exemplifying what it means to be a great detective, Blanc also exemplifies what it means to be an independent contractor. Why is that important?
Under the Fair Labor Standards Act, most workers are broadly classified into two groups: (1) employees; and (2) independent contractors. Generally, employers must pay their employees the federal minimum wage and overtime for all hours over 40 worked in a one-week period (assuming the employee is not exempt), among other requirements. These requirements do not apply to independent contractors. So, what is the difference between the two? The test to determine whether someone is an employee or an independent contractor depends on the economic reality of the relationship between the employer and the worker. The analysis for this test revolves around the following primary factors: (1) opportunity for profit or loss depending on managerial skill; (2) investments by the worker and the employer; (3) permanence of the work relationship; (4) nature and degree of control; (5) whether the work performed is integral to the employer’s business; and (6) the worker’s skill and initiative. If the factors as applied to a worker lean more heavily towards employment status, that worker is an employee. If those factors instead lean more heavily towards independent contractor status, that worker is an independent contractor.
Applying each of these factors to Blanc shows that he is, almost certainly, an independent contractor. Blanc has unlimited opportunity for profit or loss depending on managerial skill. His work is his own, and his success depends on him alone, not on his clients. And Blanc’s clients make few, if any, investments related to his work. Indeed, Blanc’s primary tool is his intellect, but he supplies anything else he needs. Additionally, Blanc’s relationship with his clients is not permanent. On the contrary, Blanc works with his clients only until he solves their crime. Thus, he works only on specific, limited projects. Moreover, Blanc’s clients do not control his work. They leave Blanc to his own devices. Also, because Blanc is a private detective, his work is typically not integral, or even related to, his clients’ business. They call him when they need him, but most of the time they are not solving murders. Finally, Blanc utilizes his own specialized skills to perform his work. That is why they call him!
So, Blanc can easily be categorized as an independent contractor. But that is not the case with many workers. The test is always the same, but few employees fall neatly into one category or the other. For this reason, employers often struggle to determine how to properly classify their employees. And the penalties for incorrectly classifying employees can be substantial (i.e. quite expensive). So, instead of sleuthing with the hope of solving the mystery of employee classification, talk to an employment attorney. Let them be your Benoit Blanc of employee classification.
Jake Koch is an associate in the Atlanta office of FordHarrison. He is a labor and employment attorney who represents management clients in a wide range of workplace disputes, defending employers against claims of discrimination, harassment, retaliation, and wage-hour issues.
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