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Akin Gump

| less than a minute read

DOL Proposed Rule on Independent Contractors

The Department of Labor (“DOL”) proposed to rescind the Biden-era 2024 independent contractor rule and replace it with a modified version of the Trump-era 2021 framework. The proposed rule moves away from the 2024 rule’s open-ended, six-factor “totality-of-the-circumstances test,” which treated all factors as equally weighted. Instead, it reinstates control and opportunity for profit or loss as “core” factors in assessing employee status.