Analysis

New DOL Independent Contractor Rule Asks Who's The Boss

Law360 (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...

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