front of DOL building in Washington D.C. Last week, a federal judge in Texas reinstated the Trump administration’s rule, finding that the Biden administration’s actions violated the Administrative Procedure Act. (Photo: Mike Scarcella/ALM)

The ability of employers to classify workers as independent contractors instead of employees continues to be a political tug of war. To catch up:

The outgoing Trump administration issued a final rule clarifying when workers are independent contractors vs. employees. The rule applied an economic reality test that primarily considers whether the worker operates his or her own business or is economically dependent on the hiring entity.

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