Independent Contractors – Deja Vu

The Equal Employment Opportunity Commission withdrew its January 7th final rule on independent contractor status, citing its incompatibility with the Fair Labor Standards Act’s text and purpose. Accordingly, businesses must revert to the guidance set forth in the Wage and Hour Division’s Fact Sheet 13. While the focus is on the seven factors listed in the fact sheet, the Department of Labor does not rely on a single rule or test. In Wisconsin, you should also be mindful of the Worker’s Compensation 9-part test and, for Unemployment Insurance purposes, the two-part worker classification test: Control or Direction and Six of Nine Conditions.