02 May US Department of Labor Issues New Guidance on Independent Contractor Misclassification Enforcement
The U.S. Department of Labor’s Wage and Hour Division issued a field assistance bulletin providing guidance on how to determine employee or independent contractor status when enforcing the Fair Labor Standards Act. While the department reviews the 2024 final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act – which is also being challenged in federal court – agency investigators are directed not to apply the 2024 rule’s analysis in current enforcement matters. Instead, the division will rely on longstanding principles outlined in USDOL Fact Sheet #13 and further informed by...