May 07, 2021 U.S. DOL Withdraws Rule on Independent Contractor Status
KEEPING YOU INFORMED…
We previously advised in client memoranda that the U.S. Department of Labor (“DOL”) had issued a rule on determining independent contractor status and that prior to the original effective date of March 8, 2021, the Biden Administration decided to freeze the rule and the DOL delayed its implementation. We are now writing to advise you that on May 6, 2021, the DOL formally withdrew the rule and it will not go into effect.
You are not required to take any action as a result of the DOL’s withdrawal of the rule. If you would like assistance in reviewing a current or potential independent contractor status issue, however, please contact Alyson Mathews, Michelle A. Mahabirsingh or any of our other attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
 Our January 14, 2021 client memorandum addressed the issuing of the rule and noted that the rule’s implementation may be delayed or that the rule may be changed by the Biden administration.
 Our February 9, 2021 client memorandum addressed the freeze of the implementation of the rule.
 The withdrawal is available at: https://www.federalregister.gov/documents/2021/05/06/2021-09518/independent-contractor-status-under-the-fair-labor-standards-act-flsa-withdrawal.
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