Independent-Contractor Classifications May Need to Be Reviewed

Michael J. Wietrzychowski was quoted in “Independent-Contractor Classifications May Need to Be Reviewed,” a news article published by the Society for Human Resource Management (SHRM). The article assesses recent action by the Department of Labor (DOL) to withdraw the prior administration’s independent-contractor rule. Wietrzychowski is co-chair of Schnader’s Labor and Employment Practices Group.

The SHRM article quotes Wietrzychowski: “The U.S. Supreme Court has indicated that there is no single test for determining whether an individual is an independent contractor or an employee for FLSA purposes, said Michael Wietrzychowski. . . . The Supreme Court has provided that the time worked or mode of pay does not control the determination of employee status. The DOL says there are certain factors that are immaterial in determining whether there is an employment relationship, Wietrzychowski added. Where work is performed and whether the worker is licensed by state or local government are not considered to have a bearing on determinations as to whether there is an employment relationship, he said.”

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