Spencer Fane attorney Rob Warzel recently authored an article, published by BenefitsPro, a leading ALM publication on employee benefits and labor and employment law, on the ever-changing U.S. Department of Labor laws around determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).
In the article, New Proposed Independent Contractor Regulations Issued From DOL (Again), Rob discusses how the rule, proposed in October, is intended to replace the 2021 independent contractor regulation. He also explains how, if adopted, the rule could impact certain workers’ eligibility for overtime and minimum wage laws.
Rob states, “If adopted in 2023, the new independent contractor rule will result in a shift back to the six-factor ‘economic realities test.’ In advance of the rule’s adoption, employers should consider auditing their existing independent contractor and employee classifications to ensure compliance under the revised test.”
At Spencer Fane, Rob’s practice encompasses all aspects of human resources counseling, employment litigation and traditional labor law, helping businesses identify risks and equipping them with the tools necessary to minimize the time and resources spent on legal matters.
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