Companies using independent-contractor labor take note: The DOL proposes a return to the “economic reality” test for classification standards.
Articles Discussing Independent Contractors.
DOL Seeks To Reinstate “Economic Reality” Test for Independent Contractor Classification | CDF Labor Law LLP
DOL Seeks To Reinstate “Economic Reality” Test for Independent Contractor Classification
Worker Classification in Focus: DOL Proposes Rule on Independent Contractor Status
On February 26, 2026, the U.S. Department of Labor (DOL) issued a new proposed rule, entitled the “Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act.”
DOL’s Proposed 2026 Independent Contractor Rule: What Employers Need to Know
TakeawaysThe Proposed Rule largely restores the 2021 independent contractor final rule issued during the first Trump Administration.The two “core” factors carrying the most weight are (1) the nature and degree of the worker’s control over the work and (2) the worker’s opportunity for profit and loss. If both point the same way, classification is usually clear.The 60-day public comment period runs through 04.28.26.Related links
The DOL’s Proposed Independent Contractor Rule Doesn’t Mean Much in California
The U.S. Department of Labor just proposed rescinding the 2024 federal independent contractor rule and moving back toward a framework that puts heavier emphasis on two factors: Control Opportunity for profit or loss At the federal level, the
How Far Will The Pendulum Swing? USDOL’s 2026 Proposed Independent Contractor Rule
DOL Proposes Changing Independent Contractor Classification Rule
On February 26, 2026, the U.S. Department of Labor (DOL) released a proposed rule to modify the analysis for determining independent contractor status under the Fair Labor Standards Act (FLSA). The proposal would rescind and replace a 2024 Biden-era final rule on independent contractor classification, returning to an analysis substantially
U.S. Department of Labor Proposes New(ish) Worker-Classification Standards
U.S. Department of Labor Proposes New(ish) Worker-Classification Standards
The U.S. Department of Labor (DOL) proposed a new rule, entitled the “Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act.” The proposed rule is designed to
EntertainHR: Knives Out: The Mystery of the Independent Contractor
Many of you are likely familiar with the popular whodunnit movie franchise, Knives Out. The latest film in the series, Wake Up Dead Man: A Knives Out Mystery, released on November 26, 2025. It is a spectacular mystery filled with action and laughs. It also made me ponder one of the ever-present “mysteries” in the modern
Eleventh Circuit Ruling Clarifies ‘Economic Realities’ Test for Determining Independent Contractor Status
On October 16, 2025, the U.S. Court of Appeals for the Eleventh Circuit ruled that three insurance adjusters had been misclassified as independent contractors because, based on a complete analysis of the reality of the adjusters’ working relationship with two insurance companies, a jury could reasonably find that the adjusters
Employee vs. Independent Contractor: Labels Don’t Control the Outcome, Says the Eleventh Circuit
Employee vs. Independent Contractor: Labels Don’t Control the Outcome, Says the Eleventh Circuit
In assessing whether a worker is an employee or an independent contractor, the Eleventh Circuit recently re-confirmed that it “does not care about the label put on the relationship by the parties.” Galarza v. One Call Claims,
Trump Administration to Rescind Biden-Era Independent Contractor Rule—What Could a New Rule Look Like?
The Trump administration is poised to formally rescind the U.S. Department of Labor’s (DOL) Biden-era rule for classifying workers as independent contractors under the Fair Labor Standards Act (FLSA), after the DOL’s pronouncement that it would no longer enforce the rule. The move would open the door to a potential
Citing Legal Challenges, Trump’s DOL to Overturn Biden-Era Independent Contractor Rule; Will Consider Next Steps for New Rule
Citing Legal Challenges, Trump’s DOL to Overturn Biden-Era Independent Contractor Rule; Will Consider Next Steps for New Rule
The U.S. Department of Labor (DOL) announced through the Trump administration’s unified agenda its intention to rescind its own 2024 final rule, which provided an analysis for determining independent contractor status under
Fourth Circuit Preserves $9 Million Award to Nurses Misclassified as Independent Contractors
On July 17, 2025, the U.S. Court of Appeals for the Fourth Circuit upheld a $9 million judgment against a medical staffing company for misclassifying nursing assistants and nurses as independent contractors. The U.S. Department of Labor (DOL) alleged Steadfast Medical Staffing, based in Norfolk, Va., failed to properly classify
Tax Bill Changes 1099 Reporting Thresholds
Tax Bill Changes 1099 Reporting Thresholds
The “One Big Beautiful Bill Act” signed into law on July 4, 2025, makes two important changes to tax reporting requirements that should be of interest to employers.
1099 Reporting Threshold Increased to $2,000 and Indexed for Inflation
tgelbman@littler.com Tue, 07/08/2025 – 15:56