Warrick & Boyn, LLP, Elkhart, Indiana

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Department of Labor Releases a New Rule Changing How Independent Contractors are Defined

January 10, 2024

On January 9, 2024, the U.S. Department of Labor (DOL) released a final rule that changes the criteria for classifying independent contractors. The final rule will take effect on March 11 and requires companies to weigh a variety of economic factors to determine whether a worker is an employee or an independent contractor.

The final rule rescinds a 2021 rule in which two core factors – control over the work and opportunity for profit or loss – carried greater weight in determining the status of independent contractors. Under the new rule, employers use a totality-of-the-circumstances analysis, wherein all the factors carry equal weight.

The new test includes six factors:

  1. The degree to which the employer controls how the work is done.
  2. The worker’s opportunity for profit or loss.
  3. The amount of skill and initiative required for the work.
  4. The degree of permanence of the working relationship.
  5. The worker’s investment in equipment or materials required for the task.
  6. The extent to which the service rendered is an integral part of the employer’s business.

The new rule will lead to more workers being classified as employees and, under the federal Fair Labor Standards Act, employees are entitled to minimum wage, overtime pay and other benefits.

If you have any questions about the DOL’s final rule or any other employment matters, please contact Dean Leazenby at Warrick & Boyn, LLP.

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Warrick & Boyn, LLP

861 Parkway Avenue
Elkhart, Indiana 46516
P • (574) 294-7491
F • (574) 294-7284

Warrick & Boyn, LLP

2 days ago

Warrick & Boyn, LLP
It was a great day out for the team recently when we attended the Elkhart City Bar Association's Law Day. Warrick & Boyn attorney, Rachel Schnetzler, took part in planning the event, and we are grateful to the Hon. Michael G. Gotsch Sr. for providing the enlightening keynote address. And thanks to Antonios Italian Ristorante for the delicious lunch! ... See MoreSee Less
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Warrick & Boyn, LLP

3 days ago

Warrick & Boyn, LLP
Nothing beats getting out and connecting with the businesses and organizations that make Michiana so special! Our attorneys, Chris Pottratz, Rachel Schnetzler, Jamie Richardson, and Ashli Hunsberger, had a fantastic time last week at the Nuway Construction 50th anniversary open house. Fifty years of building excellence in our community is certainly something to celebrate!And we're tremendously proud of our attorney, Ashli Hunsberger, who recently put her talents to work for a great cause! Ashli was part of a team of local professionals who organized the Women's Empowerment Brunch, benefiting Rose Garden Recovery Community, at the beautiful Hotel Elkhart, Tapestry Collection by Hilton. When business professionals step beyond the office to engage in our community, everyone benefits. At Warrick & Boyn, we are proud to invest our talents in causes that strengthen the fabric of Michiana, reflecting our firm's century-long commitment to both business excellence and community spirit across Michiana. ... See MoreSee Less
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