New DOL Contractor Rule Proposal's 3 Key Takeaways

Labor, Employment and Benefits attorney Timothy Taylor spoke with Law360 about the U.S. Department of Labor's (DOL) proposal to update the analysis for whether a worker is an employee or independent contractor. This proposed rule states that the Employee or Independent Contractor Classification Under the Fair Labor Standards Act would put in place a six-factor economic realities analysis for determining worker status. The proposal would also undo a Trump-era rule containing a narrower analysis that emphasized only two factors. Mr. Taylor discussed how the proposed rule avoided many surprises.

"Rather than propose a framework that is really outside the boundaries and really aggressive, it provides the traditional six or so factors used by most courts when dealing with a misclassification dispute," he said.

READ: New DOL Contractor Rule Proposal's 3 Key Takeaways (subscription required)