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Independent contractor rule may be finalized by October, DOL indicates

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The U.S. Department of Labor may finalize its independent contractor rule by October, court documents indicate. The regulations were previously slated for May. 

The agency last year proposed to tighten its standard for who may be classified as an independent contractor under the Fair Labor Standards Act — a test that defines eligibility for minimum wage and overtime payments.

If finalized, the rulemaking would undo Trump-era rules that implemented a broader standard.

Stakeholders were invited to comment for several months and DOL told a court Friday it was still reviewing some 54,000 responses.

The information came as part of a request to further stay litigation related to the Trump administration’s rule. DOL said it is continuing to review and consider the comments received and is considering whether to adopt the proposed rule, adding that “issuance of a final rule should make it unnecessary to pursue this appeal.”

DOL previously requested and received multiple 180-day stays, but said it required a shorter period this time. At DOL’s request, the court stayed the litigation for an additional 120 days, with a status report due in 60 days.

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