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May 13, 2010
Federal Law Tests for Classifying Employees or Independent Contractors

Maria Anastas discusses federal law worker classification tests in a BLR webinar entitled ‘Employee versus Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court’. She explains that there are different federal law tests that can be used to determine the classification of workers as either being employees or independent contractors. She also provides the following list of federal law tests for classifying employees or independent contractors:

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  • Title VII of the Civil Rights Act of 1964: Courts enforcing this statute have adopted three tests: (a) the Common Law test, (b) the Economic Realities test, and (c) a combination of the Common Law and Economic Realities test (hybrid test)
  • National Labor Relations Act: Common Law test
  • Fair Labor Standards Act: Economic Realities test
  • Family and Medical Leave Act of 1993: Economic Realities test
  • Americans with Disabilities Act: The trend is the Common Law test

Maria Anastas is a partner in the San Francisco office of law firm Ogletree, Deakins, Nash, Smoak & Stewart, PC ( www.ogletreedeakins.com ). She represents employers in labor and employment law matters exclusively, with a primary emphasis on traditional labor matters. She also devotes a substantial portion of her practice to providing employers with practical advice on a wide variety of employment law issues. She can be reached at maria.anastas@ogletreedeakins.com.

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