Updates
Independent Contractor Proposed Rule Would Redefine the Meaning of “Control”
Independent Contractor Proposed Rule Would Redefine the Meaning of “Control”
On October 13, 2022, the U.S. Department of Labor (“DOL”) issued a Proposed Rule in the Federal Registry that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). Among other changes, the Proposed Rule will affect the analysis of whether a potential employer, such as a registry, virtual marketplace, or other agency operating under a consumer-directed service delivery model, is exerting control over a caregiver such that it may be deemed an employer.
