Employers often struggle with applying various tests to classify workers as employees and independent contractors. Properly classifying workers is important for a myriad of reasons. Only employees are entitled to the benefits and protections of the Fair Labor Standards Act (“FLSA”), including minimum wage and overtime requirements. Independent contractors lack such protections and benefits. Misclassifying workers can expose an employer to significant liability under federal and state wage and hour laws, anti-discrimination laws, and worker’s compensation laws. Moreover, inconsistencies between various federal and state laws and regulations have created confusion for employers.