On October 13, the Department of Labor (DOL) published a notice of proposed rulemaking advising that it intends to alter the test used to distinguish independent contractors from employees under the Fair Labor Standards Act (FLSA). The proposed rule will rescind the 2021 Independent Contractor Rule and replace it with a multifactor, totality-of-the-circumstances test that will likely cause an increase in the number of workers classified as independent contractors.

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