The Department of Labor (DOL) has recently clarified the issue and stated that most workers really aren’t independent contractors. On July 15, 2015 it issued Administrator’s Interpretation No. 2015-1. In it the DOL says, ““In sum, most workers are employees under the FLSA’s broad definitions.”
Over the years the Courts have developed various factors to determine whether someone is an employee or independent contractor. The factors have become confusing. But the Administrator’s Interpretation clarifies that. It states: “each factor should be considered in light of the ultimate determination of whether the worker is really in business for him or herself (and thus
is an independent contractor). So people who aren’t in business for themselves can’t be independent contractors. Its a simple concept.
If you have been misclassifieds as an independent contractor, call us at 1-800-917-4000 or submit your information on this page.