On August 5, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued new Frequently Asked Questions (FAQs) addressing how federal contractors should assess their employment relationships to distinguish “employees” from “independent contractors” or other non-employee workers. The FAQs describe what are commonly referred to as the “Darden” factors, derived from the 1992 Supreme Court decision in Nationwide Mutual Insurance Co. v. Darden, and provide examples illustrating their application in determining which workers are employees.
The FAQs stem from questions asked of OFCCP by contractors regarding the definition of “employee” following the release of final rules that impact the affirmative-action obligations of direct federal contractors and subcontractor with regard to Veterans and individuals with disabilities. For more information on the Veterans regulations, click here. For more information on the regulations regarding individuals with disabilities, click here. AGC members may also find additional information on OFCCP and the laws it is responsible for enforcing on AGC’s Labor & HR Topical Resources webpage. The primary category is “EEO” and the secondary category is “Affirmative Action/EEO.”