Investigators with the Department of Labor (DOL) will no longer apply the 2024 independent contractor rule in enforcement matters, the agency said on May 1. The Biden-era rule, which took effect in March of last year, was expected to make it more difficult for businesses to classify workers as independent contractors rather than full-time employees. It rescinded a previous rule instituted during President Donald Trump’s first term, and restored a “multifactor economic reality test” for determining if an employee was an independent contractor. The 2024 rule directed businesses to take into account a “totality of circumstances” when analyzing the employer-employee relationship, with no one factor taking precedence over another. The rule listed six factors to consider, including: - the degree of permanence of the work relationship;
- the extent of employer control;
- the extent to which the work performed is an essential part of the employer’s business;
- the opportunity for profit or loss;
- investments by the worker and potential employer; and
- the worker’s skill and initiative.
This standard had been used by the courts for years to determine if workers were being classified correctly. The Trump-era rule directed employers to focus on just two core factors: a worker’s opportunity for profit or loss, and the nature and degree of the worker’s control over the work. For more on what the DOL’s pronouncement means for misclassification enforcement, keep reading here.—CV |