Employers and trade groups should think very carefully about responding to the U.S. Labor Department's invitation to submit proposed "examples" to include in the Section 13(a)(1) exemption regulations.
The U.S. Labor Department's Wage and Hour Division has released "Administrator's Interpretation No. 2015-1" expressing its views on how to evaluate who is and is not an independent contractor under the FLSA.
There appears to be some misunderstanding or uncertainty about particular aspects of how an employer should undertake to evaluate whether and to what extent the U.S. Labor Department's proposed increase in the "white collar"-exemption's salary threshold would affect employee compensation.
The 2nd Circuit U.S. Court of Appeals has held that the proper question in an FLSA unpaid-intern lawsuit gets down to who is the primary beneficiary of the relationship.