Contractor vs. Employee?

News on DOL clarifications can be found here. One takeaway:

As a result of this new guidance, employers will likely find it increasingly difficult to defend independent contractor classifications. Importantly, this guidance does not have the force of law, but it is intended to advise the public of how the DOL interprets its own statutes, and courts will consider this interpretation in future litigation. As a consequence, employers should observe the new DOL guidelines to prevent future liability with respect to misclassification.