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OFCCP Posts FAQs on Employer-Employee Relationship


OFCCP has posted 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 questions include:

  1. How do I determine which workers are “employees” that must be included in my Affirmative Action Programs (AAP) under Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), as amended?
  2. What are the Darden factors?
  3. How do I apply the Darden factors?
  4. Can you provide an example of a Darden analysis?