Categorizing Employees Under the FLSA–Our Latest White Paper

Should a worker be an independent contractor or an employee? Employers grapple with this question everyday.  And most think that it is all based on what the IRS wants under the tax rules.  Do they pass the three factor test on the employee side or the independent contractor side?  Do we offer training? Do we have too much control over them?  These are the questions the IRS asks in making the determination and employers must answer to the IRS’ satisfaction.  But employers must never forget there is another government agency out there that is just as interested in how you categorize a worker and have been since 1938.  It is the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL). Their rules under the Fair Labor Standards Act (FSLA) have been in play for decades.  Sitting quietly through audit after audit.  The WHD has incorporated dozens of states into its fold with its misclassification initiative. Late last summer it issued an “interpretation of these rules” that have been in place for decades. All this to reinforce the idea that they are here and they are auditing.

So what are these rules under the FLSA?  That is what our white paper is about this week.  How to classify a worker as an employee under the FLSA. What are the basic rules, the court rulings and the latest Administrator’s interpretation.  Check out our home page to request a copy this week.


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