The attached article explores a recurring conflict — the proper classification of workers under the Fair Labor Standards Act. In this paper, I examine the economic realities test, the legal test currently used to determine which workers are employees, and thus subject to the FLSA, and which...

The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, the law provides little to guide employers in classifying workers. The legal tests to determine worker status are confusing, yield inconsistent results, and...