On August 5, the U.S. Department
of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued new Frequently
Asked Questions (FAQs) addressing
how federal contractors should assess their employment relationships to
distinguish “employees” from “independent contractors” or other non-employee
workers. The FAQs describe what are commonly referred to as the “Darden”
factors, derived from the 1992 Supreme Court decision in Nationwide Mutual
Insurance Co. v. Darden, and provide examples illustrating their
application in determining which workers are employees.
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