If hiring entity is unable to prove that the individual worker meets all three of the above criteria, the worker will be classified as an employee rather than an independent contractor. While the DOL’s recent independent contractor rule is not the same as California’s ABC test, its impact ...
Businesses also may appreciate that the DOL recognizes that independent contractors “play an important role in the economy and are commonly referred to by different names, including independent contractor, self-employed, and freelancer.” The DOL insists that its new rule “is not intended to disru...
Employers now have a clearer picture of how to determine whether a worker is classified as an employee or independent contractor under the Fair Labor Standards Act (FLSA) thanks to a new final rule from the U.S. Department of Labor (DOL), effective March 8, 2021. This test is significant...
its efforts were overturned by a federal court in the Eastern District of Texas. On June 3, 2022, the DOL announced that it would instead be developing a new proposed rule on determining independent contractor status under the FLSA, and later that month, the DOL held forums...
business for himself or herself (independent contractor) or is economically dependent on a putative employer for work (employee). The DOL said that the current multifactor test for determining independent contractor status under the FLSA, “as currently applied, has proven to be unclear and ...
DOL To Issue Independent Contractor GuidanceGuy Brenner
If so, that worker is likely an independent contractor. When the worker lacks specialized skills to perform the work, that fact suggests the worker is an employee. While the DOL specifically identifies these six factors, it also adds the category of “additional factors” to include any factors...
Independent Contractor Rule Coming No Later Than October, DOL Says Author: Michael Cardman, HR & Compliance Center Senior Legal Editor June 13, 2023 A recent court filing suggests that the US Department of Labor (DOL) will finalize a new independent contractor rule no later than October. The ...
DOL: The DOL looks at the type of work and the degree of control over the work when determining if someone is an independent contractor. It also looks at the worker’s opportunity for profit and loss, the relationship’s permanency, and more. Here are some basics about independent contracto...
Employers also must consider state "tests" governing employee versus independent contractor tests. This is a complicated compliance morass that employers may consider addressing now as the Biden DOL (and states) gear up regarding misclassification of workers. You Might Also Be Interested In... ...