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After several business groups complained about the original timeline of the DOL’s proposed independent contractor rule, the agency is now allowing interested parties 15 additional days to comment on the rule. The U.S. Department of Labor extended the deadline from November 28 to December 13.

The proposed rule, released on October 11 (and published in the Federal Register October 13), would rescind a 2021 rule in which two core factors – control over the work and opportunity for profit or loss – carried greater weight in determining the status of independent contractors. Under the proposed rule, employers would use a totality-of-the-circumstances analysis in which all factors do not have a predetermined weight. Those factors may include:

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