The U.S. Department of Labor has been busy of late. Fresh off of issuing a new Notice of Proposed Rulemaking proposing major changes to overtime exemptions (as summarized by HRLegalist), DOL Administrator David Weil has issued a new Administrator’s Interpretation addressing the misclassification of employees as independent contractors. The Interpretation does not change the law, but refers to existing regulations and cases. The message of the Interpretation can be summarized as follows: the definition of “employee” under the Fair Labor Standards Act (“FLSA”) is very broad, and employers who misclassify employees as independent contractors could find themselves facing enforcement actions from the DOL’s Wage and Hour Division. Here are some of the key points: (Continue reading).