As previously promised, the Department of Labor today issued its eighth Administratorâs Interpretation (âAIâ) since the 2010 implementation of this form of guidance. Todayâs Interpretation, as expected, reflects the current Departmentâs position that the governing analysis is the economic realities test which, in the Departmentâs view, is used to determine âwhether the worker is economically dependent on the employerâ rather than the full âeconomic realitiesâ of the partiesâ arrangement. Unsurprisingly, under this analysis the Department expresses its view that âmost workers are employees under the FLSA.â DOL Administratorâs Interpretation No. 2015-1 (July 15, 2015). This view is consistent with the position expressed by DOL at the agency level in its investigations. The balance of the fifteen-page AI discusses the factors that should be used in applying the âeconomic realitiesâ test and provides examples of workers who satisfy and fail to satisfy each factor, collecting case law finding workers to be employees under the FLSA.
Home > Federal Law Articles > FLSA > Employees Covered (FLSA) > USDOL Issues Administrative Interpretation Reflecting Administrationâs View Of âIndependent Contractorâ Analysis Under FLSA