DOLFinal Rule

Employee or Independent Contractor Classification Under the Fair Labor Standards Act

Finance & BankingLabor & Workplace

Summary

This final rule restores the multifactor economic reality test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act. The rule rescinds the previous administration's simplified two-factor test and returns to a totality-of-the-circumstances analysis, considering six factors including opportunity for profit or loss, investment, permanence, and the degree of employer control.

Key Points

  • 1Restores the totality-of-the-circumstances economic reality test with six factors
  • 2No single factor is assigned predetermined weight or dispositive status
  • 3Considers the worker's opportunity for profit or loss depending on managerial skill
  • 4Evaluates the relative investments by the worker and the potential employer
  • 5Affects classification for minimum wage and overtime protections under the FLSA

Impact Assessment

If you are a Small Business or gig economy platform, this means you must reassess worker classifications using a more stringent six-factor test, likely reclassifying some independent contractors as employees and triggering obligations for wages, benefits, and overtime pay.

Impact Level
Significant
Geographic Scope

National

Compliance Cost

Significant

Who is Affected
Small BusinessesTechnology CompaniesTransportation CompaniesWorkers/Laborers

Key Dates

Published

January 10, 2024

Effective

March 11, 2024

Regulatory Connections

Amends CFR Sections
29 CFR Part 54129 CFR § 775

This summary is for informational purposes only. It may not capture all nuances of the regulation. Always refer to the official text for authoritative information.