Do Gig Workers Do Gigs or Are They Employees Under New DOL Rule?

Recognizing massive growth in the use of independent contractors — “Gig work has taken the workforce by storm,” as one human resources writer put it — the Department of Labor released updated worker classification guidelines that are intended to provide a clear determinations standard but add new layers of complexity.

The determination whether a worker is an employee or contractor governs whether they are granted protection under many labor laws, including those relating to minimum wage and overtime.

Fueling the gig economy is the increasing availability of workers who prefer the autonomy and control that comes with contracting work. Various ...