Roundup: Employer resources on DOL’s final independent contractor rule 

On Jan. 9, 2024, the Department of Labor announced a final rule that revises how to determine if an individual is an independent contractor or an employee entitled to minimum wage, overtime and other protections under the federal Fair Labor Standards Act. The controversial rule took effect on March 11, 2024. On May 1, 2025, the DOL announced in a Field Assistance Bulletin issued on May 1, 2025 that it will no longer enforce the rule. The DOL said that it will be reconsidering the rule, including whether to rescind it. In the meantime, the DOL will enforce the independent contractor misclassification in accordance with a 2008 Fact Sheet, and as further informed by Opinion Letter FLSA 2019-6.

To provide employers with some information about the rule and the varying aspects and issues to consider, this roundup provides links to government information, third-party analyses, news articles and viewpoints. The aggregated content in each section is organized in reverse chronological order and is by no means comprehensive. The content also does not necessarily reflect Mercer’s or the authors’ point of view on the subject.

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