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 ...
If you were just getting comfortable with the DOL’sfinal rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11, 2022,the publication of a proposed rulethat would rescind the earli...
DOL To Issue Independent Contractor GuidanceGuy Brenner
Independent Contractor The issue The realities of the ever-evolving American economy require that federal law clearly distinguish between when workers are employees and when they are independent contractors. A clear definition was established by the Department of Labor (DOL) in 2021. Unfortunately, this...
Who counts as an employee versus an independent contractor may be about to change, as a new U.S. Department of Labor (DOL) proposal suggests revamping employee classification. The rule change could have wide-ranging implications for employees, freelancers and employers alike. How the proposed rule...
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...
Labor Secretary Alexander Acosta announced that the Department of Labor (DOL) has withdrawn its 2015 and 2016 informal guidance on joint employment and independent contractors, effective June 7, 2017. The two guidance memos were issued by the Wage and Hour Administrator of the DOL during President...
Client Alerts Independent Contractor vs. Employee Status: The DOL Issues New Final Rule Publication02.29.24 | By: Michael A. Loesevitz The test used by the U.S. Department of Labor (the “DOL”) for determining whether a worker should be classified as an independent contractor or an emplo...
it will be more difficult to classify workers as independent contractors for FLSA purposes. It should be noted that other federal and state agencies may apply different tests for independent contractor status in different circumstances, which tests may be more or less stringent than the DOL’s prop...
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 ...