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Adding insult to injury, this decrease in productivity comes at the additional cost of overtime and temp agency fees.

Examples include setting unrealistic production goals, forcing overtime or publicly singling out those who cannot keep up with expectations.

The six factors the DOL would consider in the economic realities of a working relationship are: Opportunity for profit or loss depending on managerial skill;Investments by the worker and the employer;Degree of permanence of the work relationship;Nature and degree of control;Extent to which the work performed is an integral part of the employer’s business;Skill and initiative; Under the FLSA, employees are eligible for protections such as the minimum wage and overtime pay that don’t apply to independent contractors.

The six factors the DOL would consider in the economic realities of a working relationship are: Opportunity for profit or loss depending on managerial skill;Investments by the worker and the employer;Degree of permanence of the work relationship;Nature and degree of control;Extent to which the work performed is an integral part of the employer’s business;Skill and initiative; Under the FLSA, employees are eligible for protections such as the minimum wage and overtime pay that don’t apply to independent contractors.

Under what conditions might they indeed spur labor market competition, or at least improve employer compliance with mandated employment standards such as minimum wage and overtime payments?