This comparison draws in part from “Ethical Issues Surrounding the Role of Independent Contractors in ABA: Discussion of the 2024 DOL Final Rule” by Melissa Olive, Ph.D., BCBA-D, LBA (BehaviorLive), and extends it with peer-reviewed research from our library of 27,900+ ABA research articles. The decision framework, BACB ethics code references, and cross-links below are synthesized by Behaviorist Book Club.
View the original presentation →The choice between employee and independent contractor status has significant implications for behavior analysts' professional practice, financial wellbeing, and the quality of services they deliver. With the 2024 DOL Final Rule clarifying the criteria for proper classification, behavior analysts and ABA organizations need to understand the practical differences between these two arrangements. This comparison examines the key dimensions along which employee and contractor status differ, helping practitioners evaluate which arrangement is appropriate for their situation and helping organizations ensure compliance with the new regulatory framework.
| Factor | Evidence-Based Approach | Traditional Approach |
|---|---|---|
| Supervision and accountability | Employee: Integrated into organizational supervision structure with clear reporting lines and accountability mechanisms | Contractor: Operates independently with less organizational oversight, potentially creating gaps in supervision and quality assurance |
| Legal protections | Employee: Protected by FLSA minimum wage, overtime, anti-discrimination laws, workers' compensation, and unemployment insurance | Contractor: Not covered by most employment protections, responsible for own insurance, no guaranteed minimum compensation |
| Schedule and autonomy | Employee: Schedule typically set or constrained by employer, less flexibility but more predictability | Contractor: Theoretically controls own schedule, but in practice ABA organizations often dictate availability requirements |
| Clinical continuity | Employee: More likely to provide consistent, long-term services to assigned clients with organizational support for transitions | Contractor: May work across multiple organizations, potentially leading to fragmented attention and less continuity for clients |
| Financial arrangements | Employee: Receives consistent wages with taxes withheld, employer-provided benefits, but lower hourly rate | Contractor: Higher gross hourly rate but responsible for self-employment taxes, own benefits, and business expenses |
| Professional development | Employee: Employer often provides or funds CEU training, professional development opportunities, and conference attendance | Contractor: Responsible for own continuing education costs and professional development, which may be tax-deductible |
| Liability exposure | Employee: Typically covered by employer's professional liability insurance with organizational legal support | Contractor: Must maintain own professional liability insurance and bear personal legal risk |
| DOL classification risk | Employee: Properly classified under most ABA arrangements where the organization controls service delivery | Contractor: Frequently misclassified in ABA settings where organizational control over work is substantial |
The ABA Clubhouse has 60+ on-demand CEUs including ethics, supervision, and clinical topics like this one. Plus a new live CEU every Wednesday.
Use this framework when approaching ethical issues surrounding the role of independent contractors in aba: discussion of the 2024 dol final rule in your practice:
Does the data support a need for intervention? Is there a meaningful impact on the individual's quality of life, safety, or access to reinforcement?
YES → Proceed to assessment NO → Document reasoning, monitor
A functional assessment should guide intervention selection. Avoid defaulting to standard protocols without individual analysis. Consider environmental variables, setting events, and private events.
YES → Select evidence-based approach matched to function NO → Complete assessment first
Goals should be co-developed. Assent and informed consent are ethical requirements. The individual's preferences and values matter in selecting both goals and methods.
YES → Proceed with collaborative plan NO → Engage in shared decision-making
This course covers the clinical and ethical dimensions in detail with structured learning objectives and CEU credit.
Ethical Issues Surrounding the Role of Independent Contractors in ABA: Discussion of the 2024 DOL Final Rule — Melissa Olive · 1 BACB Ethics CEUs · $20
Take This Course →We extended this decision guide with research from our library — dig into the peer-reviewed studies behind each approach, in plain-English summaries written for BCBAs.
279 research articles with practitioner takeaways
258 research articles with practitioner takeaways
239 research articles with practitioner takeaways
1 BACB Ethics CEUs · $20 · BehaviorLive
Research-backed educational guide
Research-backed answers for behavior analysts
You earn CEUs from a dozen different places. Upload any certificate — from here, your employer, conferences, wherever — and always know exactly where you stand. Learning, Ethics, Supervision, all handled.
No credit card required. Cancel anytime.
All behavior-analytic intervention is individualized. The information on this page is for educational purposes and does not constitute clinical advice. Treatment decisions should be informed by the best available published research, individualized assessment, and obtained with the informed consent of the client or their legal guardian. Behavior analysts are responsible for practicing within the boundaries of their competence and adhering to the BACB Ethics Code for Behavior Analysts.