“The current “right to control” model for identifying a contractor has evolved from tort law and the question of whether an employer is liable for the actions of his agent. That model suggests that an employer is liable for the acts of his employee but not liable for the acts of an independent contractor. Surely, it is time to rethink a standard that is rooted in common law from hundreds of years ago.
One place to start to look for a new approach is the Fair Labor Standards Act (FLSA). The FLSA already has standards for exempt employees – employees whose work meets particular tests are exempt from overtime pay requirements. Allowing workers to be presumed to be independent if they satisfy the requirements for a learned professional exemption or creative professional exemption might be an approach that adapts existing ideas and enables companies more confidence in hiring independent contractors…”
Read the full story at The Fair Labor Standards Act–Rx for Classifying Independent Workers? | Randstad Sourceright.