The U.S. Department of Labor (DOL) issued a proposed rule on September 22, 2020 to clarify when a worker is an employee covered by the Fair Labor Standards Act (FLSA) or an independent contractor. Independent contractors are not eligible for minimum wage, overtime and other benefits that employees must receive. The proposed rule adopts an "economic reality" test to determine a worker's status as an FLSA employee or an independent contractor.

Employers may recommend that employees get flu shots. In certain industries, such as health care, they are required. In certain situations exceptions to mandatory vaccination should be made, such as for a disability or religious accommodation request. In the middle of a pandemic, employers may think about encouraging inoculation.

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