As an update on the Final Rule on independent contractors under the FLSA, Seyfarth Shaw notes that before the Rule took effect on March 8, the Biden Administration stayed the effective date of the Rule on March 11 in the U.S. Department of Labor’s Notice of Proposed Rulemaking.
In the NPRM, the DOL proposed withdrawing the Final Rule and invited public comment until April 12. In addition, various organizations are considering actions that include filing comments in opposition to the notice as well as potential litigation to halt the DOL’s recent expression of its intent to not have the Final Rule take effect in its current form.