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ARTICLE · 12 JANUARY 2024

DOL Announces Final Rule On Determining Independent Contractor Status

Ogletree, Deakins, Nash, Smoak & Stewart
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On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under...

United StatesEmployment and HR

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11, 2024, is largely consistent with the proposed version the DOL rolled out in 2022, rescinding and replacing the Trump administration's more streamlined worker classification analysis while returning to the long-used "totality of the circumstances" standard, albeit with a pro-employee twist given the rule's discussion of its various factors.

Quick Hits

  • The DOL announced the new final rule addressing worker classification under the FLSA.
  • In addition to the six-factor test, the new rule allows for the consideration of additional factors relevant to the overall question of economic dependence,

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