Independent Contractor

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On May 1, 2025, the U.S. Department of Labor (DOL) published FAB No. 2025-1, providing guidance to its field staff on the analysis to apply when determining whether a worker is an independent contractor or employee for purposes of Fair Labor Standards Act (FLSA) enforcement.

The independent contractor vs. employee analysis under the FLSA has fluctuated for more than a decade. The applicable analysis has always revolved around the economic realities test, but the focus of the test has shifted.Continue Reading U.S. Department of Labor Issues New FLSA Independent Contractor Guidance

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…