Determine current employee-vs-independent-contractor classification rules for a janitorial crew

Steps

1. Check dol.gov/agencies/whd/flsa/misclassification for the current operative rule before classifying any worker, since federal guidance has changed materially in recent years and is under further active rulemaking as of this writing.
2. As of this writing, the U.S. Department of Labor's March 2024 six-factor 'economic reality' final rule is the rule on the books, but DOL has stated it is not applying that 2024 rule in its own enforcement investigations, and on February 26, 2026 DOL published a Notice of Proposed Rulemaking to rescind the 2024 rule and replace it with an analysis similar to its 2021 rule; the public comment period on that proposal closed April 28, 2026, and no final rule had been published as of this writing — verify current status on dol.gov before relying on either the 2024 or the proposed test.
3. Regardless of the federal test in force, separately confirm the applicable state-law test (e.g., California's ABC test under AB 5, which is generally stricter than any federal economic-reality test) since state law can independently require employee classification even where federal law might not.
4. Document the actual working relationship for each crew member (control over schedule/methods, opportunity for profit/loss, investment in equipment, permanence, integration into the business) against whichever test currently governs, rather than relying on a boilerplate contractor agreement alone.
5. Re-run this classification check when DOL issues a final rule on the pending 2026 proposal, since the operative federal standard is expected to change again.