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ARTICLE · 17 JANUARY 2024

U.S. Labor Department Issues Final Rule On Independent Contractors

Holland & Knight
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The U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA)...

United StatesEmployment and HR
Timothy Taylor
Timothy Taylor
Lindsey R. Camp
Lindsey R. Camp
Lee Sands
Lee Sands
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Highlights

  • The U.S. Department of Labor published its final rule on employee or independent contractor classification under the Fair Labor Standards Act on Jan. 10, 2024.
  • The final rule implements a six-factor test for worker classification that is in line with judicial precedent.
  • The final rule is effective March 11, 2024.

The U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA) on Jan. 10, 2024. The final rule is effective March 11, 2024. It implements a six-factor test for worker classification that is in line with judicial precedent. In effect, the final rule returns to a totality-of-the-circumstances analysis of "economic realities" when determining worker status with which many courts and employers are familiar. The final rule also rescinds the 2021 Independent Contractor Rule, which the DOL characterized as being inconsistent with the law and

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