In the wake of increased wage and hour investigations by the Department of Labor, employers need to be mindful to clearly label who is an employee and who is an independent contractor. In an interview with UtahCEO magazine, Mark R. Gaylord, an attorney at Ballard Spahr, says "Employers think they can simply decide whether to make someone an employee or an independent contractor. They don't understand that the law dictates the outcome of this classification based on how the work is supervised and performed."