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Independent Contractors Employee Definition Federal Labor Laws

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Robinson+Cole Manufacturing Law Blog

As the Season Changes, Don’t Fall Behind: 4 Key Employment Law Trends

As the seasons change, so do manufacturers’ priorities. Fall is typically one of the busiest hiring periods of the calendar year, so many manufacturers are likely bracing themselves for this challenge. That said, there were...more

Levenfeld Pearlstein, LLC

Are Your Workers Independent Contractors or Employees: A New DOL Rule Aims to Help Employers Answer That Question

The U.S. Department of Labor’s (DOL) Wage and Hour Division updated its regulation concerning Employee or Independent Contractor Classification Under the Fair Labor Standard Act, with changes effective March 11, 2024. The...more

Gray Reed

More Guidance on Worker Classification for the Energy Industry

Gray Reed on

This post is a summary of a more detailed Client Alert prepared by Gray Reed’s labor and employment practice group. Recall our recent post on the Department of Labor’s new “Economic Realities Test” for classifying...more

Winthrop & Weinstine, P.A.

Independent Contractors Revisited: Frequently Asked Questions About the Department of Labor's New Final Rule for Worker...

On January 10, 2024, the U.S. Department of Labor (DOL) published its final rule changing its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA)....more

FordHarrison

Department of Labor’s New I.C. Rule No Longer on Ice: What Employers Need to Know About Determining Independent Contractor Status...

FordHarrison on

Introduction - After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act...more

Poyner Spruill LLP

Out with the New, in with the Old: Department of Labor Promulgates Independent Contractor Test

Poyner Spruill LLP on

On January 10, 2024, the U.S. Department of Labor (“Department”) published a final rule (“Final Rule”) for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The Final Rule rescinds the...more

Gray Reed

Employee or Independent Contractor? Know the New Rules

Gray Reed on

The Department of Labor recently made key changes to its rules in a way that will affect the oil and gas sector. The new rule rescinds a Trump Administration rule that had simplified the process of classifying workers as...more

Akerman LLP - HR Defense

Out With The Old, In With The… Old? DOL Releases “New” Independent Contractor Rule, Bringing Us (Mostly) Back to Status Quo

Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising...more

Epstein Becker & Green

New Independent Contractor Rule Facing Multiple Legal Challenges

On January 9, 2024, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule regarding how to determine whether a worker qualifies as an employee or may be considered an independent...more

Mintz - Employment Viewpoints

The DOL Issues a Final Rule Returning the Independent Contractor Classification Analysis under the FLSA to a More...

The U.S. Department of Labor (the “DOL”) recently issued a final rule (the "2024 Rule") which reverts the independent contractor analysis back to a multifactor, totality-of-the-circumstances review that, as compared to the...more

Wyrick Robbins Yates & Ponton LLP

DOL Issues Long-Awaited Independent Contractor Classification Regulation

The Department of Labor’s final rule for classifying independent contractors replaces the previous Trump-era rule that emphasized two factors – control over the work performed and the worker’s opportunity for profit or loss –...more

Genova Burns LLC

USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

Genova Burns LLC on

On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more

Davis Wright Tremaine LLP

Employee or Independent Contractor? New DOL Rule Aims to Clarify Worker Classifications

The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on...more

Verrill

Department of Labor Releases Final Independent Contractor Status Rule

Verrill on

On Tuesday January 9, 2024, the Department of Labor (DOL) published its final rule setting forth how worker classification (i.e., whether a worker is an employee or independent contractor) will be determined by the agency...more

Ward and Smith, P.A.

The Wait Is Over! The USDOL's 2024 New Rule on Independent Contractor Classification Under the FLSA

Ward and Smith, P.A. on

On January 10, 2024, the U.S. Department of Labor ("DOL") issued a final rule to provide guidance to employers in determining whether a worker should be classified as an employee or an independent contractor under the Fair...more

Pillsbury Winthrop Shaw Pittman LLP

Employers Face Greater Misclassification Risk Under Resurrected Federal Independent Contractor Rule, Opening Door to Substantial...

On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act. ...more

Kohrman Jackson & Krantz LLP

Back to the Future: The Department of Labor Issues Its New Rule on Independent Contractors

The Department of Labor has long labored to rein in the practice by some employers of labeling workers as independent contractors instead of employees to avoid the requirements under the Fair Labor Standards Act (FLSA) to pay...more

Nelson Mullins Riley & Scarborough LLP

Department of Labor Issues New Rule Regarding Classification of Independent Contractors

Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as...more

Troutman Pepper

DOL Publishes Final Independent Contractor Rule

Troutman Pepper on

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more

Holland & Hart - Employers' Lawyers

Does Your Business Properly Classify Independent Contractors? DOL Publishes Final Rule on Worker Classification

On January 9, 2024, the U.S. Department of Labor (“DOL”) published its final rule defining the term “independent contractor” and setting forth the new test for determining independent contractor / employee status (the...more

Schwabe, Williamson & Wyatt PC

Revised FLSA Rule on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a ‎final rule that revises the DOL’s interpretation of worker classification (employees versus ‎independent contractors) under the Fair Labor...more

Cole Schotz

United States Department of Labor Releases New Rule for Independent Contractor Classification

Cole Schotz on

On January 9, 2024, the United States Department of Labor (“DOL”) released a final rule (the “Final Rule”) setting forth new standards for determining whether an individual may be classified as an independent contractor under...more

Foley & Lardner LLP

Department of Labor Issues Final Rule on Worker Classification under the FLSA, Returning to More Employee-Friendly Analysis 

Foley & Lardner LLP on

On January 9, 2024, the United States Department of Labor (DOL) issued its long-awaited final rule (“Final Rule”) regarding worker classification under the Fair Labor Standards Act (FLSA or the “Act”). The Final Rule —...more

McAfee & Taft

DOL final rule adopts 'economic realities' test for independent contractors

McAfee & Taft on

On January 9, 2024, the U.S. Department of Labor (DOL) published a final rule that revised the Department’s guidance to be used for determining independent contractor status under the Fair Labor Standards Act (FLSA). The...more

Smith Gambrell Russell

The DOL Publishes Final Rule Regarding Independent Contractor Classification Under the FLSA

Smith Gambrell Russell on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule amending the criteria used to determine whether a worker qualifies as an employee or an independent contractor under the Fair Labor Standards...more

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