Dept. of Labor proposes new independent contractor test

The U.S. Department of Labor (DOL) has published a proposed rule that would change the test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) and rescind and replace the current 2021 rule.

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Next Steps:

• Review the proposed rule.
• Evaluate the potential impact if the proposed rule were to become final.
• Work with legal counsel and consider submitting comments to the DOL on the proposed rule. The public comment period begins Oct. 13, 2022, lasts 45 days, and will close Nov. 28, 2022.
• Watch for developments.

Please contact your ADP service professional if you have any questions.