On January 9, 2024, the U.S. Department of Labor announced a final rule revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA), which will be effective on March 11, 2024. The final rule repeals the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule), which was published in 2021, replacing it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent.
