Worker Classification: Employee Status Under the National Labor Relations Act, the Fair Labor Standards Act, and the ABC Test

The difference between an employee and an independent contractor carries massive legal and financial consequences. Misclassification exposes businesses to back taxes, lost benefits claims, penalties, and class-action litigation. Yet the boundary between these categories remains stubbornly unclear, with different laws applying different tests. This practical reference untangles the overlapping federal frameworks that determine worker status. The book examines three major standards: the National Labor Relations Act's broad "employee" definition, the Fair Labor Standards Act's economic realities test, and the increasingly influential ABC test used in many states. Each test emphasizes different factors, and a worker may qualify as an employee under one law while meeting the criteria for independent contractor status under another. The text walks through each framework with clarity, helping practitioners understand not just what the tests require but how they interact. Essential reading for employment lawyers, HR professionals, compliance officers, and any business that relies on contractors or is restructuring its workforce.