WHD Administrator Weil Announces Impending “Administrator Interpretation” Regarding Contractor Status

Read the articles: WHD Administrator Announcement 

“Administrator’s Interpretations” from the Wage-Hour Division have been relatively few and far between since their implementation in 2010. However, on Friday Administrator David Weil, speaking at a conference at New York University School of Law, indicated his office would be issuing such an interpretation to “clarify” who qualifies as an independent contractor under the FLSA through a “very clear set of criteria.” Administrator Weil indicated that this clarifying Interpretation would expand upon but not deviate from the “economic realities” test courts continue to reference in analyzing this issue. Gayle v. Harry’s Nurses Registry, Inc., 2014 U.S. App. LEXIS 23029 (2d Cir. Dec. 8, 2014) (reiterating application of “economic realities” test under FLSA). Watch this space for further coverage of federal and state rulemaking and related guidance.