DOL Memo Provides Script For FLSA Collective Actions Alleging Independent Contractor Misclassification

The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, " Bummer of a birthmark, Hal."

Poor Hal. Blessed with the ability to walk upright, but cursed by that darned target.

In an Administrator's Interpretation issued July 15, 2015, the Wage and Hour Division (WHD) of the Department of Labor placed a similar target on every company that uses independent contractors. If this describes your company, consider yourself to be Hal. You may be blessed with the ability to avoid paying withholding tax, providing workers' compensation coverage, and offering employee benefits, but there's also that darned target.