Be on the Lookout for Department of Labor’s Administrator’s Interpretation Clarifying Independent Contractor Status

On Friday, June 5, 2015, David Wild the Administrator of the Wage and Hour Division of the U.S. Dept. of Labor announced that his office would soon be issuing an “Administrator’s Interpretation” intended to “clarify” who qualifies as an independent contractor under the Fair Labor Standards Act. Mr. Wild said that the interpretation would contain a “very clear set of criteria” that would be complimentary to the “economic realities test” that federal courts continue to use in determining whether or not an individual qualifies as an independent contractor or employee.

Breazeale, Sachse & Wilson will track the progress of this interpretation and issue further updates as more information becomes available.