[Image Description: The United States Department of Labor’s Francis Perkins Building] Background: Proper classification of one’s workforce is essential for any small business. The consequences of misclassification can be substantial, and an employer may be held liable for damages and penalties. [1] Although the line can sometimes blur, the differences between an independent contractor and an employee are vast. Generally, because independent contractors are owed fewer duties than employees (chiefly, the right to be paid a minimum wage and receive benefits), it is considered easier and less expensive for a small business to hire workers as independent contractors. [2] Perhaps most importantly, protections under the Fair Labor Standards Act (FLSA) do not extend to independent contractors. Prior to the Trump administration, the courts developed a six-factor “economic-realities” test to determine proper worker classification, weighing: 1. Opportunity f
University of Michigan Law School Community Enterprise Clinic (CEC) Blog