On October 11, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (“NPRM”) defining employee versus independent contractor status under the Fair Labor Standards Act. We previously discussed the way in which the NPRM proposes to shift the analysis of the control factor, particularly as related to legal, safety, contractual, and other similar requirements, while simultaneously putting a thumb on the scale in favor of employee status. This post looks at the manner in which the NPRM similarly shifts considerations related to scheduling and worker flexibility.
