---
title: "Decide whether a worker is an employee or an independent contractor under the FLSA"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/decide-whether-a-worker-is-an-employee-or-an-independent-contractor/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A14-KE20261022-3-US"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Decide whether a worker is an employee or an independent contractor under the FLSA

> From the engagement papers, list how the worker is paid, who sets the schedule and the price, what each side supplies, whether the worker has other clients, and the words used to label the worker.…

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/decide-whether-a-worker-is-an-employee-or-an-independent-contractor/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the engagement papers, list how the worker is paid, who sets the schedule and the price, what each side supplies, whether the worker has other clients, and the words used to label the worker. Do not state a conclusion and do not put a conclusion into a contract or a letter. |
| What the lawyer must review | You decide the status. Nothing the tool writes goes into a contract or advice. The Wage and Hour fact sheet says the Fair Labor Standards Act looks at economic reality. The title, a Form 1099, and a signed independent-contractor agreement do not decide it. The fact sheet, which it says is consistent with the 2024 rule at 29 C.F.R. part 795 for private litigation, lists six factors and says no one factor controls: opportunity for profit or loss depending on managerial skill; investments by the worker and the employer; degree of permanence; nature and degree of control; whether the work is integral to the business; and skill and initiative. The fact sheet says the legality of the 2024 rule is in litigation and that the rule remains in effect for private litigation, and 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. The same page says a proposed rule was announced on 26 February 2026. Do not treat the proposal as the rule in force. Tax classification was not opened. Opinion 512 requires you to verify the list before you rely on it. |
| Written for | United States |
| Applies to | [Decide whether a worker is an employee or an independent contractor](https://ailawframework.com/practice/employment-and-workplace-relations/decide-whether-a-worker-is-an-employee-or-an-independent-contractor.md) |

## Checking plan

- What the AI does: From the engagement papers, list how the worker is paid, who sets the schedule and the price, what each side supplies, whether the worker has other clients, and the words used to label the worker. Do not state a conclusion and do not put a conclusion into a contract or a letter.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A State classification test can be stricter. None was opened.
- The fact sheet says control imposed only to comply with a specific law is treated differently. Read that paragraph before you use the control factor.

## Sources

- [Department of Labor, Fact Sheet 13: employment relationship under the Fair Labor Standards Act](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)

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