The Department of Laborissued a final rule defining independent contractorversus employee under the Fair Labor Standards Act, but its future is uncertain under the incoming Biden administration. Proposed in September,the rule adopts an “economic reality” test to determine a worker’s status as an ...
The final rule also specifies that investments “unilaterally imposed” by the business on the worker do not suggest independence. For example, if the business requires the worker to buy steel-toed boots, the cost does not make the worker more likely to be an independent contractor. Tools the...
On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule impacting the classification of workers as either independent contractors or employees. EffectiveMarch 11, 2024, this rule — titledEmployee or Independent Contractor Classification Under the Fair Labor Standards Act— ...
The agency already has missed its self-imposed targets for the independent contractor rule and for a new overtime rule several times. The DOL had not returned a request for comment as of the time of publication. Any final independent contractor rule would take effect no sooner than 60 days ...
The Final Rule provides several examples illustrating how to apply these principles. With the upcoming change of administration, the big question is what comes next. There may be efforts after January 20 to push back the effective date of the Final Rule, as well as to invoke the Congressional...
theoretically allow, is emphasized. A more detailed discussion of the Independent Contractor Final Rule can be found here:Department of Labor Issues Final Independent Contractor Rule. In proposing to withdraw the Independent Contractor Final Rule, the DOL asserts “that, upon further...
Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising the economic realities test ...
Without the more employer-friendly final rule, independent contractor status under the FLSA will continue to be evaluated using the "economic realities" test applied by courts. Some of the most common factors for consideration under the economic realities test are: the extent to which the work per...
Updated: On May 5, 2021, the Department of Labor (DOL) announced a final rule withdrawing a proposed Trump-era independent contractor rule that would have made it easier to classify workers as independent contractors under the Fair Labor Standards Act. The rule never went into effect due to ...
In the twilight of the Trump Administration, the U.S. Department of Labor (DOL) announced a final rule (the Rule) that would allow employers to include employees who do not customarily and regularly receive tips in mandatory tip pools, provided that the employer does not take a tip ...