As predicted, on May 5, 2021 the Department of Labor announced the withdrawal of the Independent Contractor Rule which was made final on January 6, 2021 (“January 6 Rule”). The withdrawal became effective today (May 6, 2021) with its publication in the Federal Register. The January 6 Rule codified the approach of giving significant weightContinue reading “An Unsurprising IC Rule Withdrawal: More to Come?”
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When are “Independent Contractors” Really “Employees”? The DOL Unveils Proposed New Test
The U.S. Department of Labor (“DOL”), the agency tasked with enforcing the Fair Labor Standards Act, has long applied a six-factor “economic reality” test to distinguish between employees and independent contractors. Today, the DOL unveiled proposed regulations intended to clarify and streamline the existing test into a new 5-factor “economic realities” test. Under the newContinue reading “When are “Independent Contractors” Really “Employees”? The DOL Unveils Proposed New Test”