United States: The Haunting Return Of The Economic Reality Test: U.S. Department Of Labor Proposes Resurrecting The Pre-Trump Era Employee/Independent Contractor Test - Sheppard Mullin Richter & Hampton

On October 13, 2022, the U.S. Department of Labor ("DOL") published its proposed rule regarding the classification of employees and independent contractors under the Fair Labor Standards Act ("FLSA") in an attempt to resolve inconsistent analyses amongst the Federal Courts of Appeals.