New DOL Independent Contractor Rule Asks Who's The Boss

By Jon Steingart (September 22, 2020, 8:54 PM EDT) -- The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

The rule, announced Tuesday, builds on worker classification tests that courts have developed across the decades since the Fair Labor Standards Act was enacted, according to Tammy McCutchen, who counsels employers at Littler Mendelson PC and served as the DOL's Wage and Hour Division administrator during the George W. Bush administration.

"What they are doing — I think I'm calling it reshuffling...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!