Regulatory Update: Department of Labor's Wage and House Division Issues Interpretation

Monday, September 14, 2015


On July 15, 2015, the Department of Labor's Wage and Hour Division (WHD) issued an interpretation of how to determine if a worker is an employee or an independent contractor in relationship to the employer.

WHD assumes most workers are employees under the Fair Labor Standards Act (FLSA). Because of ambiguities and vagueness in the statutory definition of this employment relationship, federal courts have fashioned a test for determining the status of a worker under the FLSA. The WHD Interpretation provides an analysis of the courts' economic realities test and the application of factors that the WHD will be used to determine if a worker is an employee or an independent contractor.

NLBMDA 9/14/2015

Add your comments:

Items in bold indicate required information.