October 18, 2022 •
News
USDOL Publishes Proposed Rule on Independent Contractor Classification
The U.S. Department of Labor (USDOL) recently published a Notice of Proposed Rulemaking (NPRM) on Employee or Independent Contractor Classification Under the Fair Labor Standards Act which would:
- Restore multifactor analysis to determine whether a worker is an employee or an independent contractor under the FLSA
- Ensure that all factors are analyzed without assigning a predetermined weight to any particular factor or set of factors
- Return to longstanding interpretation of the economic reality factors, including: the investment factor; control factor; opportunity for profit or loss factor; and the integral factor which considers whether the work is integral to the employer’s business.
- Rescind the 2021 Independent Contractor Rule
Public comments may be submitted through November 28, 2022. For more details, see the USDOL news release or the Proposed Rule.