On the heels of the National Labor Relations Board’s landmark decision in Browning Ferris Industries, which found that under the National Labor Relations Act a company and its contractor can be seen as a joint employer even where the company does not exert any control over employees’ terms and conditions of employment, the Department
Wage and Hour Division
Employee or independent contractor: too much of a good thing?
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On July 15, 2015, the United States Department of Labor (DOL) issued a memorandum on “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who are Misclassified as Independent Contractors.” After clarifying the distinction between an employee and an independent contractor and emphasizing that the…