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Text of FLSA Administrator's Interpretation 2015-1: Application of the FLSA's 'Suffer or Permit' Standard in the Identification of Employees Who Are Misclassified as Independent Contractors (PDF)
Wage and Hour Division, U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
July 15, 2015
"The FLSA's definition of employ as 'to suffer or permit to work' and the later-developed 'economic realities' test provide a broader scope of employment than the common law control test.... A worker who is economically dependent on an employer is suffered or permitted to work by the employer. Thus, applying the economic realities test in view of the expansive definition of 'employ' under the Act, most workers are employees under the FLSA ... When determining whether a worker is an employee or independent contractor, the application of the economic realities factors should be guided by the FLSA's statutory directive that the scope of the employment relationship is very broad. This Administrator's Interpretation then addresses each of the factors, providing citations to case law and examples."

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