FMCSA UPDATES: Are you an Employee or an Independent Contractor?
Effective March 11, 2024, the FMCSA’s final rule will rescind the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule) and replace it with an updated analysis for determining employee or independent contractor status that is more consistent with the Fair Labor Standards Act (FLSA) — as interpreted by longstanding judicial precedent. While the goal, according to the FMCSA, is to correctly classify employees and independent contractors, the same six factors that were used before this final rule, have been weighted differently — subtly shifting the mindset of the classification system and making it more challenging