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Employee misclassification is everywhere right now
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The original was posted on /r/antiwork by /u/funkyspots on 2026-08-15 04:15:38+00:00.


Rant incoming :)

I’m based in US and speaking from that perspective.

I work in performance advertising (think Facebook ads) with experience as a freelancer and a full-time employee. Been doing this a while, and I’m noticing a big rise in “full-time” contractor positions with details like set hours, annual pay, the manager the position reports into, descriptions of the tools they use, and growth trajectory (like media buyers to senior media buyer to VPs).

Contractors are independent businesses that set their own hours, own rates, have multiple clients, provide their services using their own tools, and are performing tasks that are specialized and temporary. Not the primary, everyday operations of the company.

I see these misclassified job postings on LinkedIn all the time, and they run rampant on Upwork. If we drill down to the “specialized and temporary” part of the contractor classification, practically EVERY creative strategist and media buyer contractor position I see is in violation (these are the only roles I pay attention to.)

The most egregious role I’ve interviewed for myself was a customer success contractor role at an AI SAAS company that offered $80k for role that demands 80 hours a week. No joke. I clarified with the recruiter after a hiring manager mentioned their team works 80 hour weeks and got a confirmation in writing the 80 hour week is expected because they’re looking for hustlers who realize success in the role could “change their life”.

Also worked a job where a contractor was coming into work 5 days a week, 9-5. Permanent/ongoing relationship.

I called out misclassification in a separate interview that wanted me to full time contract for 90 days before bringing me to W-2 (aka giving me benefits and covering taxes) and was told that employee misclassification isn’t enforced so they aren’t worried about it.

Especially in combo with contractor arbitrage (hiring contractors from low income countries), and AI, employee misclassification is wrecking the advertising job market. Why hire a full-time w2 employee when you could hire a contractor with no benefits, for low pay because they live in a low income country, that does just almost as good as a local hire because AI is doing the heavy lifting?

I believe it’s the #1 reason why it’s so freakin hard to find a good role (on the performance marketing side at least) in the advertising industry. I’m seeing slim pickings for full time roles available on LinkedIn and an endless stream of roles on LinkedIn and Upwork if you consider “full time” contractor work.

Are you all seeing this in other industries? Any other egregious stories? I believe it’s a MASSIVE problem at the root of why the job market sucks in my industry at least, even more so than AI… At least for now.

Any thoughts? Employee misclassification isn’t really complained about online so I’m trying to understand how broad the scope is and how bad it gets!

D

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