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ARTICLE · 31 JANUARY 2024

DOL Again Changes Its Position On What Is An "Independent Contractor"

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Effective March 11, 2024, the Wage and Hour Division, Department of Labor will once again modify its regulatory guidance and will replace guidance that has been in place since 2021...

United StatesEmployment and HR
Cory Halliburton
Cory Halliburton

Effective March 11, 2024, the Wage and Hour Division, Department of Labor will once again modify its regulatory guidance and will replace guidance that has been in place since 2021 in regard for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA). According to the DOL, the analysis will be "more consistent with judicial precedent and the [FLSA's] text and purpose." See 89 FR 1638.

The DOL's guidance spans about 268 pages and 126048 words, all in an effort to once again explain what the DOL believes is and is not an independent contractor for purposes of the FLSA.

Generally speaking, the FLSA provides statutory requirements for minimum wage, overtime, and record keeping requirements for workers that are employees of an employer. The FLSA does not provide and has never provided a definition of "independent contractor." The FLSA defines "employee" and "employer" in a tail-chasing, circular fashion, which

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