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The DOL Issues Its Final Independent Contractor Rule

By Ellen M. Hemminger & Peter Walrod on January 29, 2024
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On January 9, 2024, the Department of Labor (DOL) announced a final rule creating the test for independent contractor status under the Fair Labor Standards Act. The final rule marks the rescission of the Trump administration’s more employer-friendly rule and revives the likeness of prior tests that are more likely to classify workers as employees rather than independent contractors. The final rule proposes a six-factor test to be applied when evaluating a worker’s status with some guidelines on the interpretation on how to apply the factors. The final rule goes into effect on March 11, 2024. For more detailed information on the DOL’s final rule, see here.

Photo of Ellen M. Hemminger Ellen M. Hemminger

Ellen “Ellie” M. Hemminger is an Associate in Vedder Price’s Chicago office and a member of the firm’s Labor and Employment group.

Ellie focuses her practice on employment law, involving sexual harassment, retaliation and workplace discrimination. She has experience evaluating and advising on

…

Ellen “Ellie” M. Hemminger is an Associate in Vedder Price’s Chicago office and a member of the firm’s Labor and Employment group.

Ellie focuses her practice on employment law, involving sexual harassment, retaliation and workplace discrimination. She has experience evaluating and advising on a vast array of employment-related issues, and has litigated before administrative agencies, including the Equal Employment Opportunity Commission, the Illinois Department of Human Rights and the Illinois Department of Labor, and in state and federal court.

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Photo of Peter Walrod Peter Walrod

Peter Walrod is an Associate in Vedder Price’s San Francisco office and a member of the firm’s Litigation and Labor & Employment groups.

Mr. Walrod’s experience includes serving as a judicial extern at the U.S. Department of Labor, Office of Administrative Law Judges…

Peter Walrod is an Associate in Vedder Price’s San Francisco office and a member of the firm’s Litigation and Labor & Employment groups.

Mr. Walrod’s experience includes serving as a judicial extern at the U.S. Department of Labor, Office of Administrative Law Judges and as an intern at the U.S. Department of Labor, Wage and Hour Division.

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  • Posted in:
    Employment & Labor
  • Blog:
    Vedder Works
  • Organization:
    Vedder Price PC
  • Article: View Original Source

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