DOL’s New Interpretation of the FLSA Test will eliminate Independent Contractor Status for Most Workers

By Bruce E. Buchanan, Siskind Susser PC* On July 15, the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation entitled “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.”  It re-visits the test to determine if an individual is an employee or an independent contractor and concludes “most workers are employees” under the FLSA because “employ” means “to suffer or pe...
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