In the January 7, 2021 issue of the Federal Register (86 FR 1168), the U.S. Department of Labor (DOL) through its Wage and Hour Division (WHD) published a final rule revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA) by the addition of part 795 to Title 29 of the Code of Federal Regulations, which addresses whether particular workers are employees or independent contractors under the FLSA. The FLSA does not define the term “independent contractor”. The final rule is effective on March 8, 2021.

Update: DOL delays effective date until May 7, 2021

Full Memorandum