On January 9, 2024, the Department of Labor (DOL) announced a final rule creating the test for independent contractor status under the Fair Labor Standards Act. The final rule marks the rescission of the Trump administration’s more employer-friendly rule and revives the likeness of prior tests that are more likely to classify workers as employees rather than independent contractors. The final rule proposes a six-factor test to be applied when evaluating a worker’s status with some guidelines on the interpretation on how to apply the factors. The final rule goes into effect on March 11, 2024. For more detailed information on the DOL’s final rule, see here.
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