independent contractor status, though some well-known, federal laws require use of a specific test. For example, the Americans with Disabilities (ADA) and the National Labor Relations Act (NLRA) require use of the “Common Law Test.” The Age Discrimination in Employment Act (ADEA), the FLSA, and the Family and Medical Leave Act (FMLA) require the “Economic Realities Test.” The IRS uses its own test, the “IRS Right to Control Test,” which is essentially a variation of the common law test. Increasingly, states are adopting the so-called “ABC Test.” It utilizes some of the more prominent elements of the other tests mentioned but is stricter than the others. All of the tests at their core have the same fundamental questions of whether the party that engages the worker has the right to control the manner and means by which the services are rendered.


About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to


client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-law.com.


2022 started much as 2021 ended.


Gig economy companies classifying their workers as independent contractors continue to face lawsuits, state action, and federal agency enforcement intended


to limit the use of the independent contractor classification. Consequently, the independent contractor dilemma will continue into the indefinite future.


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60