Page 3 - Misclassification of Independent Contractors Booklet

Determining the employment status of individuals providing services to your organization is becoming increasingly complex and somewhat of a moving target. Most recently, the Department of Labor (DOL) released an advice memorandum further expanding its interpretation of the Fair Labor Standards Act’s (FLSA) deinition of an “employee.” In sum, the DOL expressed its belief that “most workers are employees under the FLSA’s broad deinitions.”
This document provides practical guidance to assist you with the analysis of whether your contractors are properly classiied and steps to take to help mitigate against a inding that such individuals should be classiied as employees. This guide is provided from an employment law perspective with the understanding that business rationale may (and often does) outweigh the legal risks.
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