Benefits Think DOL proposes new rule to clarify standard for independent contractor classification

Published 4 Min Read

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On Feb. 26, the U.S. Department of Labor announced a new proposed rule clarifying the classification of independent contractors versus employees — the third change to independent contractor regulations since 2021. If finalized, the new rule would roll back a Biden-era rule that used a six-factor test to analyze contractor questions and replace it with a new test that focuses on two core issues: control and the opportunity for profit and loss. The new rule is open for comments until April 28. 

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Kemper Patton
Associate at law firm Brooks Pierce,

Kemper Patton, an associate at law firm Brooks Pierce, litigates labor and employment disputes involving anti-discrimination laws, employment agreements, wage-and-hour issues and unfair labor … Read full bio

Tricia Goodson
Partner at Brooks Pierce Law Firm

Tricia Goodson is a partner at Brooks Pierce who counsels management clients on a variety of employment-related issues, including federal and state discrimination and harassment laws; wage and hour … Read full bio

Lauren Hoffman

Lauren Hoffman is an associate at Brooks Pierce who advises and represents employers in both employment law and commercial litigation matters. She assists clients with drafting workplace handbooks, … Read full bio


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