Back to the Future 2

The DOL recently published a Notice of Proposed Rulemaking relative to classifying workers as independent contractors. As the DOL withdrew the 2021 final rule on independent contractor status, the new proposal largely reinforces the prior method by reinstating “the multifactor, totality-of-the-circumstances analysis” and “revert[ing] to the longstanding interpretation of the economic reality factors.”

Business Takeaway: In many ways, this new development is simply returning to old methodology. With the withdrawal of the 2021 final rule, changes to your classification analysis under new law should be minimal. Comments on the rule are due by November 28, 2022, with a final ruling to follow. In the meantime, contact us at 414-446-8800 or if you have questions about the specifics of the proposed rule or the current law on this subject.