The Department of Labor has filed an appeal to a federal judge’s recent decision to block the withdrawal of the Trump-era independent contractor rule that makes it easier for companies to classify workers as independent contractors. The rule remains in place but classification enforcement remains a focus for the DOL. In particular, independent contractor arrangements will continue to be an enforcement focus in the hospitality, healthcare, janitorial, and construction industries.
The definition of independent contractor is also under debate. The National Labor Relations Board (NLRB) is changing the criteria for determining whether someone is an independent contractor. This implies that the independent contractor environment will be tumultuous for a long time to come.
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