Classifying Employees and Independent Contractors

The U.S. Department of Labor (DOL) issued a final rule revising previous guidance on how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The rule will take effect March 11. Determinations about who is an employee or independent contractor can have a big impact on direct care workers, and this revision will help to protect employees’ rights and ensure they benefit from protections under federal labor laws. The new final rule rescinds the 2021 Independent Contractor Rule and returns to longstanding DOL interpretation that is consistent with caselaw of how to determine whether a worker is an employee or an independent contractor...