The U.S. Department of Labor recently issued guidance on how to determine if a worker is an independent contractor or employee under the Fair Labor Standards Act. In this Law360 article, Jennifer Hall comments on the significance of the misclassification guidance.
Ms. Hall said, "The DOL will bring cases with the goal of having courts recognize the Administrator's Interpretation as controlling law. As such, we will see additional DOL investigations and enforcement actions. Couple that with the recent proposed rulemaking to expand overtime, and it is clear that the agency intends to have workers classified as employees, eligible for both minimum wage and overtime protections."
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