Independent Contractors

On January 9, 2024, the Department of Labor (the “DOL”) announced its final rule defining “independent contractors” under the Fair Labor Standards Act (the “FLSA”).  Displacing the 2021 two-factor Trump Administration rule, the Biden Administration’s Final Rule returns to the “totality of the circumstances” test.

As we know, the FLSA provides that nonexempt employees must

Employers should be preparing to take a close look at the current status of individuals they classify as independent contractors – especially those in the Construction industry.

On October 13, 2022, the Department of Labor (“DOL”) will publish a Notice of Proposed Rulemaking to help employers and workers determine whether a worker is an employee

Effective today, May 7, 2021, the U.S. Department of Labor (“DOL”) is officially withdrawing independent-contractor rule approved in early January and at the end of the Trump Presidency, which would have made it easier for businesses to classify workers as independent contractors rather than employees under the Fair Labor Standards Act (“FLSA”).

Under President Trump’s

Employers who believe that they may have been erroneously classifying employees as independent contractors may now take advantage of a new IRS voluntary compliance program.  This program allows employers to reclassify any workers erroneously treated as independent contractors.  Employers who choose to do so may take advantage of the program’s lower cost settlement terms and