Contingent Labor Providers Beware

12.30.15

Employment Marketplace Info

U.S. DOL Issues New Guidance Declaring that “Most Workers are Employees under the FLSA”

On July 15, 2015, the United States Department of Labor (“DOL” or the “Agency”) issued Administrator’s Interpretation No. 2015-1 which sets forth the standard the Agency will use to  determine whether a worker an “employee” under the Fair Labor Standards Act’s (“FLSA”). Staffing companies and other companies that engage contingent workers should pay particular attention to the DOL’s recent guidance. It demonstrates that the Agency intends to define who is an “employee” in under the FLSA in the broadest possible manner.