February 05, 2021

DOL May Put Independent Contractor Rule on Hold

You may have read the news story on January 6th describing the U.S. Department of Labor’s (DOL) proposed rule that would clarify how an employer should determine if a worker is an employee or an independent contractor.  The new rule was scheduled to take effect March 8th.

If you read that story, you read my query as to whether the DOL would rescind the rule.  It may have taken the first step towards doing so today.

This morning, just 30 days after publishing the proposed rule, the DOL has published a notice in the Federal Register proposing to delay the effective date until May 7, 2021.

Why would the DOL try to reverse itself just 30 days later? The January 6th proposal was published under the Trump Administration. The proposed delay has been published under the Biden Administration.

The notice and comment period for the proposed delay ends February 24th. Click here and follow the instructions for submitting comments. Stay tuned.