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

3 days ago

Warrick & Boyn, LLP
We are delighted to have assisted Jeff and Rachel Clements, the new owners of Seifert Healthcare, with their recent alcohol licensing. Supporting the growth of local small businesses like theirs is always rewarding. Stop by and welcome them at one of their three Michiana locations, including their newest at 222 Harrison Street in Elkhart! ... See MoreSee Less
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Warrick & Boyn, LLP

5 days ago

Warrick & Boyn, LLP
Education is the bedrock of our community’s future prosperity. As legal advisors to many of the outstanding school districts across the area, we at Warrick & Boyn have the unique privilege of regularly seeing the remarkable work our local educators do to guide students to success.Now that graduation season is in full swing, we want to take a moment to salute the graduating class of 2025, along with all the teachers, administrators, coaches, and family members who helped them along the way. Congratulations! ... See MoreSee Less
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