“Most Workers Are Employees” Concludes DOL Interpretation on Independent Contractors

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The US Department of Labor (DOL) has issued a new Administrator’s Interpretation in furtherance of its independent contractor misclassification initiative which concludes that “most workers are employees under the Fair Labor Standards Act (FLSA) broad definitions.” According to the DOL only workers who are not economically dependent on an employer and are truly in business for themselves should be classified as independent contractors. The interpretation goes through in detail each of the factors of the “economic realities test,” which the courts use to determine employee status under the FLSA, and emphasizes that no one factor is determinative of whether a worker is an employee but rather all factors must be considered in each case.

Join us for a one-hour webinar on September 10th: Employee or Independent Contractor.