U.S. DOL Publishes Final Rule Redefining Independent Contractor Standards Under FLSAOn January 7, 2021 by Schnader in Labor and Employment
M. Christine Carty published a client alert, “U.S. DOL Publishes Final Rule Redefining Independent Contractor Standards Under FLSA.”
As anticipated, the Trump Administration Department of Labor (“DOL”) published on January 6, 2021 final regulations redefining and simplifying the independent contractor standards under the Fair Labor Standards Act (“FLSA”). The new regulations are significant because the FLSA’s minimum wage, overtime and record-keeping requirements do not apply to independent contractors.
Although the new regulations are slated to become effective on March 8, 2021, they face a cloudy future under the incoming Biden Administration. On December 30, 2020, Biden’s press secretary, Jen Psaki, issued a statement criticizing the then-proposed DOL regulations, among others, as “midnight” rules that Biden intended to “halt or delay” immediately following the Inauguration.