Reclassifying Employees to Independent Contractors Just Became Easier — Or Did It?

The independent contractor test under the Fair Labor Standards Act (FLSA), which determines whether an individual is classified as an employee or an independent contractor, has started to resemble a ping-pong match — over the last five years the test has changed three times — leaving employers uncertain whether they may face steep penalties for employee misclassification.... By: Foley & Lardner LLP