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ARTICLE · 01 OCTOBER 2020

DOL Publishes New Guidance For Classifying Independent Contractors

Holland & Knight
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The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA).

United StatesEmployment and HR
Holland & Knight
Holland & Knight
Phillip Schreiber
Phillip Schreiber
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Highlights

  • The U.S. Department of Labor proposed new regulations which, if implemented, will provide a relaxed framework for employers to classify workers as independent contractors when compared to current case law.
  • This Holland & Knight alert addresses some of the key components in the proposed changes.

The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees within the meaning of the FLSA, and thus are not subject to federal minimum wage and overtime requirements. To date, there has been no codified federal guidance to distinguish independent contractors from employees. The resultant ambiguity has led to diverse case law across multiple jurisdictions with no consistent standard throughout the 50 states.

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