Posted on January 19, 2021

Just because you want to treat a worker as a contractor and you have an independent contractor agreement, it doesn’t mean that the US Department of Labor (the “DOL”) will agree with you. A worker you consider to be an independent contractor may actually be an employee, subject to minimum wage and overtime requirements under the Fair Labor Standards Act. The DOL recently issued guidance, due to go into effect on March 8, clarifying the DOL’s independent contractor test under the FLSA. Read more in this article