Notice of Proposed Rule: Employee or Independent Contractor Classification under the Fair Labor Standards Act

This week the U.S. Department of Labor published a proposed rule to revise its guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act.

The Department wrote that its proposed rule would reduce the risk that employees are misclassified as independent contractors, while providing added certainty for businesses. Parties can submit comments by Nov. 28.

Meanwhile, OMA Connections Partner Fisher Phillips said any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model. 10/11/2022