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ARTICLE · 14 FEBRUARY 2024

U.S. DOL Issues New Rule On Independent Contractor Classification, Returning To More Employee-Friendly Analysis

Partridge Snow & Hahn
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The U.S. Department of Labor (DOL) published a new rule (the "New Rule") on January 9, 2024, defining "independent contractor" under the Fair Labor Standards Act (FLSA).

United StatesEmployment and HR
Morgan E. Hedly
Morgan E. Hedly
Michael Gamboli
Michael Gamboli

The U.S. Department of Labor (DOL) published a new rule (the "New Rule") on January 9, 2024, defining "independent contractor" under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the rule returns to a six-factor test that asks whether, as a matter of economic reality, a worker is economically dependent on the employer or is in business as an independent contractor.

The distinction between employees and independent contractors determines whether the FLSA applies. The FLSA guarantees a minimum wage for all hours worked and overtime pay for any hours worked over 40 per week for all covered, non-exempt employees. On the other hand, individuals who perform services for a company as independent contractors are not afforded the FLSA's minimum wage and overtime protections.

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