In 1938, Congress enacted the Fair Labor Standards Act (FLSA) with the noble aim of eradicating labor conditions detrimental to the well-being of workers. This landmark legislation mandates that employers pay nonexempt employees at least the Federal minimum wage for all hours worked and compensate them at a rate of one and one-half times their regular pay for overtime.
Additionally, the act necessitates covered employers to maintain specific employee records and prohibits retaliation against those who raise concerns about their pay.
However, the FLSA’s protections do not extend to independent contractors, and the act does not offer a clear definition of “independent contractor.” Instead, it provides definitions for “employer,” “employee,” and “employ,” leaving the interpretation of contractor status to regulatory agencies and courts.
Since the 1940s, the Department of Labor (DOL)…
