DOL Proposed Rule on Independent Contractors

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DOL Proposed Rule on Independent Contractors

akingump

4 months ago

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Client AlertKey Takeaways

The Department of Labor (“DOL”) proposed to rescind the Biden-era 2024 independent contractor rule and replace it with a modified version of the Trump-era 2021 framework.
The proposed rule moves away from the 2024 rule’s open-ended, six-factor “totality-of-the-circumstances test,” which treated all factors as equally weighted. Instead, it reinstates control and opportunity for profit or loss as “core” factors in assessing employee status.
For the first time, the DOL w...

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