US DOL Issues Final Rule On Independent Contractor Status Under The FLSA

Seyfarth Synopsis: With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time job throughout their working years, the demand by workers and companies alike for independent contractor relationships has grown. The line between employee and independent contractor status, however, has remained frustratingly unclear. In more than 80 years since the FLSA's enactment, neither the FLSA's text nor formal rulemaking have provided businesses or courts a broadly-applicable rule regarding where to draw that line. That is, until now.