Labor/Employment
Mar. 12, 2026
DOL proposes return to 'core factors' test for worker classification
A new proposed rule would reinstate weighted factors for determining independent contractor status under the FLSA, giving employers a more predictable framework than the Biden-era totality-of-the-circumstances approach.
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On Feb. 26, 2026, the U.S. Department of Labor (DOL) Wage and Hour Division proposed a new rule to determine whether workers are independent contractors or employees under federal wage-and-hour laws. The new rule proposes to rescind the 2024 Biden-era rule and replace it with one similar to the rule published in 2021. Essentially, the new rule seeks to re...
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