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    • Fact Sheet 13: Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA)

    Revised March 2024

    Is a Worker an Employee or an Independent Contractor?

    The Department has issued regulations addressing how to analyze whether a worker is an employee or an independent contractor under the FLSA (29 CFR part 795, effective March 11, 2024).

    Employees receive the protections of the FLSA. Independent contractors are in business for themselves and therefore are not covered by the FLSA.

    For a worker to be protected by the minimum wage and overtime pay requirements of the FLSA, the worker must be an “employee” of the employer, meaning that there is an employment relationship between the worker and employer.

    Independent contractors do not have these protections. Whether a worker is an employee or an independent contractor under the FLSA is determined by looking at the economic realities of the worker’s relationship with the employer.

    If the economic realities show that the worker is economically dependent on the employer for work, then the worker is an employ

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