The Department believes that the multifactor economic reality test presently used in determining independent contractor status would benefit from additional clarity because of the way courts have evolved from the text and Supreme Court precedent.  The existing test assesses workers’ economic dependence on a potential employer and, as often articulated by courts and the Department, raises the following concerns: (1) the core concept of economic dependence remains vague and under-developed; (2) the test lacks guidance about how to balance the multiple factors; and (3) the lines between many of the factors are blurred.  These shortcomings have become more apparent in the modern economy.