Independent Contractor

On May 1, 2025, the U.S. Department of Labor issued a field assistance bulletin, Wage and Hour Memorandum No. 2025-1, stating that it would no longer apply the 2024 Rule used to determine when workers are independent contractors or employees under the Fair Labor Standards Act. Instead, the DOL said it will enforce the FLSA in accordance with Fact Sheet #13 (July 2008) as informed by Opinion Letter FLSA2025-2, which involves service providers working in a virtual marketplace company. The Trump DOL did not rescind the regulations that created the 2024 Biden-Era Rule, it simply stated it plans to not […]

Earlier this month, the Department of Labor (DOL) issued a new final rule intended to be effective March 11, 2024 that will address when a worker can be properly classified as an independent contractor. The misclassification of workers has been an issue of concern for several years, especially for worker-right advocates, which led to new legislation being passed in Virginia and many other states.[1] On the other hand, many business groups, especially those which rely heavily on independent contractors, such as those in the trucking and construction industry, and others in the gig-economy, are concerned that the new regulations unfairly […]