Administrator’s Interpretation on Worker Classification

Department of LaborThe Wage and Hour Division of the Department of Labor provided recent guidance for determining worker classification. The WHD says a business “‘suffers or permits’ an individual to work if, as a matter of economic reality, the individual is dependent on the entity.”  The economic reality test factors are:

(a) the extent to which the work performed is integral to the employer’s business;

(b) the worker’s opportunity for profit or loss depending on managerial skill;

(c) the extent of the relative investments of the employer and the worker;

(d) whether the work performed requires special skills and initiative;

(e) the permanency of the relationship; and

(f) the degree of control exercised or retained by the employer.

Businesses are to analyze these factors in conjunction with each other, and no factor is given more weight than another. In particular, the “control” factor should not be given more weight. If you have questions or want to discuss how the relationships with your workers are structured, give us a call at Wilson Worley, PC.

 

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About Andrew (Andy) Wampler

For over a decade, I have provided legal services to businesses and individuals in Northeast Tennessee. I spend time litigating breaches of contract, medical malpractice, and commercial disputes and have worked on a number of transactions. I also advise businesses, working much of my time on healthcare and employment matters.

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