Sixth Circuit: Off-Duty Law Enforcement Misclassified as Independent Contractors
APPLIES TO All Employers of KY, MI, OH, or TN Employees |
EFFECTIVE February 12, 2019 |
QUESTIONS? Contact HR On-Call |
In Acosta v. Off Duty Policy Services, Inc., the Sixth Circuit applied the six-factor “economic reality” test to determine whether off-duty officers were misclassified as independent contractors for purposes of the Fair Labor Standards Act (FLSA). There, the employer provided private security services using off-duty, sworn police officers, as well as nonsworn workers. The workers were allowed to accept or reject work assignments, were provided basic equipment, but had to supply their own vehicles and uniforms. The sworn officers typically wore their officer uniforms and used their patrol vehicles, while the nonsworn workers had to use their own police-style vehicle.