Peter Milianti

Jan 17, 2024 | jdsupra.com | Peter Milianti |Michael Phillips

The U.S. Department of Labor published a final rule Jan. 9, 2024, on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). The rule returns to a six-factor test that asks whether, as a matter of economic reality, a worker is economically dependent on the employer or is in business as an independent contractor. The six factors are: Opportunity for profit or loss based on managerial skill.