The U.S. Department of Labor's Wage and Hour Division has released a field assistance bulletin to guide the enforcement of employee or independent contractor status under the Fair Labor Standards Act. As legal and regulatory discussions regarding the 2024 final rule continue, the department's investigators will not apply this rule in current cases. Instead, they will use established principles from Fact Sheet #13 and the reinstated Opinion Letter FLSA2019-6, which specifically addresses classification issues within virtual marketplace platforms.
The department's guidance does not modify existing regulations but clarifies its enforcement policy amid the review of the 2024 rule. This policy supersedes any previous guidance provided to Wage and Hour Division staff regarding the misclassification of independent contractors. Enforcement may still occur in individual cases as deemed appropriate by the Wage and Hour Administrator or a designated representative.
For additional information, both employees and employers are encouraged to reach out to the Wage and Hour Division via its toll-free helpline at 866-4US-WAGE (487-9243).
