Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 OCTOBER 2022

DOL Unveils Updated Independent Contractor Rule

Adams and Reese LLP
Explore more from Adams and Reese LLP

On Tuesday, October 11, the Department of Labor (DOL) issued new guidelines for categorizing independent contractors and employees per the Fair Labor Standards Act.

United StatesEmployment and HR
Trent Cotney
Trent Cotney

On Tuesday, October 11, the Department of Labor (DOL) issued new guidelines for categorizing independent contractors and employees per the Fair Labor Standards Act. The proposed rule is an overhaul of the existing guidelines and is similar to the rule adopted during the Obama administration. In a nutshell, it will make it more difficult for companies to classify workers as contractors instead of employees.

What the Rule Stipulates

The new blueprint urges an analysis of the "totality-of-the-circumstances" for a specific worker instead of looking at particular criteria. As a result, policies for categorizing an independent contractor are much tighter.

Before deeming workers to be independent contractors, employers would be required to apply an "economic realities" test. Using this test, employers would determine several factors, including the following:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

IRS Issues New Revenue Procedure

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?
United StatesEmployment and HR
Winston Taylor
Winston Taylor
Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Countdown To Compliance: Employer Preparations For Nov. 2026 OSHA HazCom Deadlines

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Outsized Verdicts Persist In Florida Despite Tort Reform: What Businesses And Insurers Need To Know

Florida juries continue to deliver multimillion-dollar verdicts in personal injury cases despite 2023 tort reform efforts, with non-economic damages now routinely exceeding medical expenses by factors of 20 to 180 times. Corporate defendants in transportation, hospitality, and insurance sectors face unprecedented exposure as plaintiffs' attorneys successfully leverage anchoring arguments and juror sympathy to secure outsized awards. How should businesses and insurers recalibrate their risk management strate
United StatesLitigation, Mediation & Arbitration
Adams and Reese LLP
Adams and Reese LLP
Article

The Secured Creditor’s Playbook For Section 363 Sales

Section 363 sales have become a routine feature of commercial bankruptcy cases, often determining recovery for secured creditors before a reorganization plan is even filed. Understanding the mechanics of credit bidding, adequate protection rights, and bid procedure negotiations can mean the difference between maximizing recovery and watching collateral sold under unfavorable terms.
United StatesInsolvency/Bankruptcy/Re-Structuring
Adams and Reese LLP
Adams and Reese LLP
Article

FinCEN Finalizes Exemption Of U.S. Companies From Beneficial Ownership Reporting

The U.S. Department of the Treasury's Financial Crimes Enforcement Network has issued a final rule exempting domestic companies and U.S. persons from the Corporate Transparency Act's beneficial ownership information reporting requirements, marking a significant shift after years of litigation and regulatory uncertainty. While U.S. businesses can now set aside their compliance efforts, foreign companies registered in the United States must continue reporting non-U.S. person beneficial owners, and future admi
United StatesCorporate/Commercial Law
Adams and Reese LLP
Adams and Reese LLP
Article

Analyzing The FY 2027 Lottery Data And The Impact Of The $100,000 Fee

The FY 2027 H-1B cap lottery data reveals a dramatic transformation in employment-based immigration, driven by USCIS's new wage-based weighted selection process and a $100,000 fee for offshore hires. These policy changes have fundamentally altered employer filing strategies, shifting focus from high-volume foreign recruitment to U.S.-educated talent while prioritizing mid-to-senior level professionals over entry-level candidates.
United StatesImmigration
Adams and Reese LLP
Adams and Reese LLP