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On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the Fair Labor Standards Act (FLSA). Going forward, the DOL will apply the framework set forth in a 2008 DOL Fact Sheet. That is, at least until the DOL is able to pass updated guidance, which is fated to occur under the new administration. Although the 2024 Rule remains in effect for private litigants (for the time being), the DOL is sending a strong message that it is changing course on the analysis it will apply as part of its own investigation and enforcement efforts.
Do not be tempted to ignore these rules. If you do, your company will face inherent risks such as audits from the IRS, state tax agencies, DOL and other state agencies. You will also face legal exposure in areas such as employment taxes, lawsuits/class actions, overtime obligations, employment discrimination, criminal penalties (wage theft) and more.
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