Brooks Pierce Attorneys Examine New DOL Independent Contractor Classification Guidance in Article for HR.com 

In an article published on HR.com, Brooks Pierce attorneys Patricia Goodson and Erin Barker detail new U.S. Department of Labor (USDOL) guidance that could affect how employers classify workers under the Fair Labor Standards Act (FLSA).

The recent field assistance bulletin (FAB) directs investigators not to apply the 2024 independent contractor rule in current enforcement cases, instead relying on older factors like control, permanence, investment, and integration. However, the 2024 rule still applies in private lawsuits, meaning workers can continue using it in misclassification claims. Goodson and Barker suggest employers not ignore the 2024 rule until further guidance or rulemaking is issued.

“In light of the FAB, employers should revisit their classification of contract labor with employment counsel to determine whether any changes need to be made to the underlying relationship or the agreement memorializing the same,” they explained.

Goodson’s years of experience in providing guidance to employers and litigating on their behalf when necessary allow her to provide innovative, timely counsel. Barker’s practice includes navigating legal compliance and best practices for workforce management, designing and implementing employment agreements, and more.

For the full article, you may click here.