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Yesterday, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA).
In a nutshell, the final rule applies six factors — none of which is dispositive — to analyze employee or independent contractor status under the FLSA:
opportunity for profit or loss depending on managerial skill; investments by the worker and the potential employer; degree of permanence of the work relationship; nature and degree of control; extent to which the work performed is an integral part of the potential employer’s
