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DOL Clarifies Who Is an Independent Contractor in Proposed Rule

The U.S. Department of Labor (DOL) issued a proposed rule on September 22, 2020 to clarify when a worker is an employee covered by the Fair Labor Standards Act (FLSA) or an independent contractor. Independent contractors are not eligible for minimum wage, overtime and other benefits that employees must receive. The proposed rule adopts an "economic reality" test to determine a worker's status as an FLSA employee or an independent contractor.

The public will have 30 days to comment on the proposed regulation; the comment period will begin on the date of publication in the Federal Register. Click here for further information.

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