What’s the “Gig” Idea?: The Importance of Understanding Who Employees Are Under The FLSA

The United States Department of Labor (“the Department”) is modifying Wage and Hour Division regulations to replace its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act. This paper delves into the dynamic landscape of workers' rights, tracing the historical development of labor regulations and the intricate classifications of employees and individual contractors. The paper navigates key milestones in the evolution of workers' rights, from the early labor movements to the present-day legal frameworks. By examining landmark legislation, judicial decisions, and societal shifts, the paper illuminates what has shaped the rights and protections afforded to workers. This paper will suggest technological and societal advancements in the past two decades have led to the need to reform the understanding of who is an employee and who is an independent contractor to better protect the rights of workers