Navigating the DOL's New Final Independent Contractor Rule: Andrew Gordon and Lauren Swanson Author Daily Business Review Byline

Andrew Gordon and Lauren Swanson authored a new Daily Business Review article outlining how the United States Department of Labor's (DOL) new final independent contractor rule will impact all employers, particularly providing insight for Florida employers.

Effective March 11, 2024, the final rule replaces the 2021 Independent Contractor Rule, altering the criteria for classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). The new rule adopts a "totality of the circumstances" approach, adding a sixth factor for consideration, allowing employers to include other relevant factors, such as opportunities for profit or loss and investments by the worker and potential employer.

Gordon and Swanson explain that the new rule poses challenges for Florida employers who rely heavily on independent contractors, potentially leading to legal disputes and the reclassification of workers. Ongoing legal and political challenges to the rule may also impact enforcement of the rule. The authors recommend that employers review their business models and adjust their worker classifications to ensure compliance.

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"DOL's Final Rule on Employees and Independent Contractors: How It Will Impact Fla. Employers" was published by the Daily Business Review on February 15, 2024.