DOL to Withdraw Trump’s Independent Contractor Rule

This week, the U.S. Department of Labor (DOL) confirmed it is withdrawing the Trump administration’s rule to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).

According to a summary from Bricker & Eckler, the OMA’s general counsel, the DOL has not yet indicated whether it intends to further pursue standardizing the test for determining independent contractor status under the FLSA. Bricker asserts that employers should continue complying with state and local laws regarding independent contractor classifications. 5/5/2021