worker classification laws at the federal and state levels as well as state real estate license laws will apply to a brokerage’s classification of its salespeople. having an independent contractor agreement is a very important element of establishing an independent contractor relationship with a real estate salesperson, but the existence of an agreement is not enough to avoid misclassification. one of the hallmarks of an independent contractor relationship is that the independent contractor has the ability to direct and control where, when and how they perform their work.