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ARTICLE · 08 MAY 2025

DOL Softens Bite On Independent Contractor Test

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This is Louie. He's 11 weeks old. He has the teeth of a shark. If you play with him and there's no toy in his mouth, your arm is the toy. Or your foot.

United StatesEmployment and HR
Todd H. Lebowitz
Todd H. Lebowitz
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Key Takeaways

  • The DOL announced that it will not enforce the 2024 independent contractor rule.
  • The pre-2024 multi-factor test will be used for FLSA worker classification disputes.
  • This guidance applies only to DOL investigations under the FLSA; it does not bind the courts.

This is Louie. He's 11 weeks old. He has the teeth of a shark. If you play with him and there's no toy in his mouth, your arm is the toy. Or your foot. Or sometimes your face. In my house, we all look like we just played with a blender. But he's awfully cute.

Late last week, the Department of Labor (DOL) made some news that won't bite companies in the face. Rather, this news will land like a soft chew toy or a Kong stuffed with treats.

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