"Two aspects of Administrator's Interpretation No. 2015-1 that stand out are increased subjectivity and relativity," John said. "The DOL's application of the economic realities test as described in the new interpretive guidance views the worker’s investment in a business relative to the company engaging the worker's services. Thus, even a significant investment by the worker in tools, equipment or other capital necessary to perform the work may not weigh in favor of independent contractor status if that investment is minor in comparison to the investment of the principal necessary for performance of the work. "As to the worker’s skill and ability as an indicator of independent contractor status, the DOL guidance removes emphasis from performance of the work and places the emphasis on opportunity for profit or loss. Managerial skill relevant to business success appears weighted ahead of technical skill needed to perform the work. The DOL's approach as set out in Interpretation No. 2015-1 puts emphasis on the business judgment and initiative of the worker to determine whether she is genuinely in business for herself. All in all, the guidance from the DOL still leaves a great deal of balancing and subjectivity to analysis of independent contractor status." John has more than 35 years' experience in labor and employment law. He focuses his practice on the defense of employment discrimination claims, wrongful discharge claims, unfair labor practice claims under the National Labor Relations Act, and denial of benefits claims under the Employee Retirement Income Security Act. He has represented clients in numerous jury and nonjury trials in state and federal court and has presented oral arguments to the U.S. Supreme Court and several federal courts of appeals.