The USDOL just released their new guidance on FLSA regulations in regards to Employee/Contractor designation. There are numerous factors to consider when deciding if someone is an employee or an independent contractor. Previously, those factors, put together, placed the emphasis on “control”. That emphasis has shifted to the determination of whether a person is financially dependent on the employer (an employee) or is really in business for him/herself (a contractor). All factors must be evaluated in every case to make the correct determination. So if it looks like a “duck” (an employee), walks like a “duck” and quacks like a “duck”, it is probably a “duck” (employee).
We at KardasLarson are here to help you decide if you have an employee, or a consultant.