Past:
The Original Rule Under the First Trump Administration and Its Change in 2024
In January 2021, during the final days of the first Trump Administration, the U.S. Department of Labor (DOL) introduced a rule to clarify the classification of workers under the Fair Labor Standards Act (FLSA). This rule emphasized two primary factors:
- Nature and degree of control over the work
- Worker’s opportunity for profit or loss
These factors aimed to simplify the determination of whether a worker was an independent contractor or an employee.
However, on March 11, 2024, the DOL under the subsequent administration rescinded this rule, replacing it with a more comprehensive six-factor test:
- Opportunity for profit or loss depending on managerial skill
- Investments by the worker and the potential employer
- Degree of permanence of the work relationship
- Nature and degree of control
- The extent to which the work performed is an integral part of the potential employer’s business
- Skill and initiative
This change aimed to provide a more subtle approach to worker classification, considering the entire impact of circumstances rather than focusing mainly on control and profit opportunities. (source Home | Holland & Knight)
Present:
The Inauguration Ignites Change for Workforce Management
With the inauguration of President Trump for a second term, discussions have emerged regarding a potential reversion to the 2021 independent contractor rule. Under the Trump administration, the DOL is expected to favor the more streamlined approach of the original rule. This perspective aligns with a broader pro-business stance, aiming to reduce regulatory complexities for employers.
Additionally, the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo (2024) overturned the Chevron doctrine, which previously directed federal courts to defer to executive agency determinations. This shift means that federal courts will now exercise independent judgment in interpreting the FLSA, potentially leading to varied interpretations of worker classification standards.
Future:
Why This Matters for Companies that Use Contract Workers
For businesses that rely on independent contractors, these regulatory fluctuations present significant challenges. The classification of workers directly impacts compliance with wage and hour laws, tax obligations, and eligibility for benefits. Misclassification can lead to substantial financial penalties, legal disputes, and reputational damage. Companies must stay vigilant and adaptable, ensuring that their workforce practices align with the current legal landscape to mitigate risks associated with non-compliance. Alternatively, if you’re blanket W2ing ICs who could genuinely be classified as ICs you could be wasting overhead needlessly.
The PayReel Advantage:
Partnering with an Employer of Record
Navigating the complexities of worker classification and compliance can be challenging. Partnering with an Employer of Record (EOR) like PayReel offers a strategic advantage. As an EOR, PayReel assumes the legal responsibilities of employing workers, including payroll processing, tax filings, and adherence to labor laws. This partnership allows companies to:
- Hire contract employees and independent contractors swiftly and confidently
- Ensure compliance with ever-changing regulations
- Mitigate risks associated with worker misclassification
- Focus on core business operations without administrative burdens
By leveraging PayReel’s expertise, businesses can maintain agility in their staffing strategies while safeguarding against compliance pitfalls.