The US Department of Labor (DOL) will soon propose a new regulation that would apply a version of the decades-old "economic realities test" as its standard for determining whether a worker is an independent contractor under the Fair Labor Standards Act (FLSA).
The new Fair Labor Standards Act (FLSA) rules are expected to raise the minimum salary for most overtime-exempt employees and possibly update the duties tests as well.
The Biden administration wants to go back to the drawing board after a federal judge reinstated the Trump administration's independent contractor rule earlier this spring.