While U.S. DOL Wage and Hour Division rulemakings have progressed since the Spring 2023 Regulatory Agenda, many big-ticket items remain in process with uncertain timelines.
For example, the (extended) comment period on the Department’s rule, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act,” closed approximately one year ago on December 13, 2022. But the regulated community has yet to learn how the Department will address insights expressed in more than 55,000 comments to the proposed rule. The current Regulatory Agenda lists November 2023 as the anticipated date for a final independent contractor rule. Discerning readers may note November 2023 is now part of history.
