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Expert Analysis

Understanding The DOL's Expansive View Of An Employee

Law360, New York (July 22, 2015, 12:56 PM EDT) -- Last week, the U.S. Department of Labor doubled down on its efforts to target the misclassification of workers through the issuance of guidance designed to clarify the test used to determine whether a worker is an employee or an independent contractor for purposes of federal wage-and-hour law. The end result is a more expansive reading of what constitutes an employee under the Fair Labor Standards Act and an unmistakable warning to employers that classify their workers as independent contractors, or consultants or freelancers or a variety of other categories, including those operating in the sharing economy....

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