Still Waiting: Dol Expected To Issue Final Rule On Independent Contractor Classification In May 2023

Last year, the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding its present guidance on the classification of independent contractors. The Proposed Rule rescinds the 2021 Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, published in January 2021, and contains general interpretations for determining worker status. The 2021 Rule reduced the primary factors the DOL considered when determining an independent contractor's classification by focusing solely on two "core factors": (1) the nature and degree of control over the work; and (2) the workers' opportunity for profit or loss based on initiative and/or investment.