---
title: "Sort the file's facts under the six FLSA economic-reality factors"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/build-an-employee-versus-contractor-classification-issues-table/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-T1-R6-US"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Sort the file's facts under the six FLSA economic-reality factors

> Place each fact the file states under one of the six factor headings on Department of Labor Fact Sheet 13, and quote the page.…

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/build-an-employee-versus-contractor-classification-issues-table/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Place each fact the file states under one of the six factor headings on Department of Labor Fact Sheet 13, and quote the page. Write no classification and no statement that a label, a Form 1099, or a signed agreement decides the question. |
| What the lawyer must review | You decide whether the worker is an employee or an independent contractor. Department of Labor Fact Sheet 13, revised March 2024, says the question under the Fair Labor Standards Act is decided by the economic realities of the relationship: economic dependence on the employer for work indicates employee status, and being in business for oneself indicates independent-contractor status. No single factor determines status. The six factors are opportunity for profit or loss depending on managerial skill, investments by the worker and the employer, permanence of the work relationship, nature and degree of control, whether the work is integral to the employer's business, and skill and initiative. The fact sheet states that what the worker is called is not relevant, that payment off the books or a Form 1099 does not make a worker an independent contractor, and that agreeing orally or in writing to be an independent contractor, including by signing an agreement, does not make the worker one. It also states that the place of work, a state or local licence, and the time or mode of pay do not determine status. The fact sheet says it is consistent with the 2024 rule at 89 Federal Register 1638, the legality of which is the subject of current litigation, and that the rule remains in effect for purposes of private litigation. It points to Field Assistance Bulletin 2025-1 (1 May 2025) for the Wage and Hour Division's enforcement position. That bulletin was not opened, so this table does not state an enforcement position. The fact sheet says its contents do not have the force and effect of law. A notice of proposed rulemaking was announced on the same page on 26 February 2026. The proposal was not opened. ABA Formal Opinion 512 requires independent verification of a tool's sorting. |
| Written for | United States |
| Applies to | [Build an employee-versus-contractor classification issues table](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/build-an-employee-versus-contractor-classification-issues-table.md) |

## Checking plan

- What the AI does: Place each fact the file states under one of the six factor headings on Department of Labor Fact Sheet 13, and quote the page. Write no classification and no statement that a label, a Form 1099, or a signed agreement decides the question.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Field Assistance Bulletin 2025-1 and the text of 29 CFR part 795 were not opened. The table uses the fact sheet's factor names and its statements about what is not relevant.
- The fact sheet states a federal minimum wage of $7.25 per hour and overtime at one and one-half the regular rate after 40 hours in a week unless an exemption applies. This table does not calculate pay, and no exemption was opened.
- The 26 February 2026 proposal was not opened. Do not apply it.

## Sources

- [US Department of Labor, Fact Sheet 13: Employee or independent contractor classification under the FLSA (revised March 2024)](https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-employment-relationship) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.1, competence](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*