Trump Independent Contract Rule Dead

This week, DOL announced the withdrawal – effective yesterday – of the “Independent Contractor Rule,” to protect workers’ rights to the minimum wage and overtime compensation protections of the Fair Labor Standards Act (FLSA).

Per the DOL, the Department is withdrawing the rule for several reasons, including:

  1. The independent contractor rule was in tension with the FLSA’s text and purpose, as well as relevant judicial precedent.
  2. The rule’s prioritization of two “core factors” for determining employee status under the FLSA would have undermined the longstanding balancing approach of the economic realities test and court decisions requiring a review of the totality of the circumstances related to the employment relationship.
  3. The rule would have narrowed the facts and considerations comprising the analysis whether a worker is an employee or an independent contractor, resulting in workers losing FLSA protections.

Written by: Gordon M. Berger, Partner

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