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What is an employee?
A worker who is subject to the control or right-to-control of an employer and is protected under employment laws.
What is an independent contractor?
A self-employed individual hired to perform services but not under the direct control of the employer.
What is a contingent worker?
A worker with temporary, sporadic, or seasonal employment (e.g., temps, part-time, staffing agency workers).
What is an employer?
Any person or entity that hires at least one worker (employee or contractor); subject to employment laws.
What does it mean to be an exempt employee?
A worker not entitled to overtime under FLSA, often salaried professional, executive, or administrative roles.
What does it mean to be a non-exempt employee?
A worker entitled to minimum wage and overtime pay under FLSA.
What is the Common-Law Agency Test?
A legal test used by courts to determine employee status, based on whether the employer has the right to control the work.
What is the IRS 20-Factor Test?
A checklist used by the IRS to determine if a worker is an employee or independent contractor for tax purposes.
What is the Economic Realities Test?
A test used by courts and DOL to decide if a worker is economically dependent on an employer or in business for themselves.
What is the role of the U.S. Department of Labor (DOL)?
Oversees 180+ labor laws covering wages, benefits, unemployment, safety, and re-employment.
What is the role of the Wage & Hour Division (WHD)?
Enforces the Fair Labor Standards Act (FLSA) including minimum wage, overtime, recordkeeping, and child labor.
What is the role of the Occupational Safety & Health Administration (OSHA)?
Ensures safe and healthy working conditions by setting/enforcing standards and providing training.
What is the role of the Equal Employment Opportunity Commission (EEOC)?
Enforces civil rights laws against workplace discrimination in hiring, firing, promotion, wages, and harassment.
What is the role of the National Labor Relations Board (NLRB)?
Enforces labor law related to union rights, collective bargaining, and unfair labor practices.
What is the role of the Office of Federal Contract Compliance Programs (OFCCP)?
Ensures federal contractors comply with nondiscrimination and affirmative action requirements.
What is the difference between a worker and an employee?
A worker is a general term for anyone performing labor, while an employee is specifically under the control of an employer and protected by employment laws.
Why is it important to determine if a worker is an employee?
Because employees are protected by labor laws, and misclassification can expose employers to lawsuits, penalties, and back pay liability.
What categories or statuses can workers fall under?
Employee, independent contractor, or contingent worker (temporary, seasonal, part-time).
How are employees’ jobs classified?
Exempt vs. non-exempt (FLSA), full-time vs. part-time, permanent vs. temporary.
What are the consequences of misclassifying an employee as an independent contractor?
Back pay, tax penalties, fines, loss of benefits, and possible lawsuits.
Which employers are covered by EEOC laws?
Employers with 15+ employees (20+ for age discrimination cases), labor unions, and staffing agencies.
Which employers are covered by OSHA?
Most private-sector employers, except self-employed workers, farm family workers, and industries under other federal agencies.