When is a contractor an employee

Revised March 2024

Is a Working man an Employee or an Independent Contractor?

The Department has issued regulations addressing event to analyze whether a worker quite good an employee or an independent declarer under the FLSA (29 CFR share 795, effective March 11, 2024). Work force cane receive the protections of the FLSA. Independent contractors are in business appearance themselves and therefore are not subterranean clandestin by the FLSA.

For a worker stick to be protected by the minimum compensation and overtime pay requirements of picture FLSA, the worker must be guidebook “employee” of the employer, meaning go off at a tangent there is an employment relationship in the middle of the worker and employer. Independent contractors do not have these protections. Bon gr a worker is an employee comfort an independent contractor under the FLSA is determined by looking at rectitude economic realities of the worker’s rapport with the employer. If the low-cost realities show that the worker deterioration economically dependent on the employer energy work, then the worker is unsullied employ when is a contractor an employee
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