On May 6, 2021, the Department of Labor (“DOL”) announced the withdrawal of the test of independent contractors which was put into effect under the Trump administration. The withdrawal of the test went into immediate effect. The test set forth the standards for assessing whether a worker was an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”).
The DOL noted that the test was not consistent with the FLSA’s purpose and text and further expressed concerns regarding workers losing FLSA protections.
To date, no new test has been proposed or enacted by the Department of Labor. The McGown & Markling team will continue to monitor any future updates regarding new tests that are proposed under the Biden administration.
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Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.