DOL Proposes Delayed Effective Date for FLSA IC Regulations

The U.S. Department of Labor’s Wage and Hour Division announced a proposal to delay the effective date for the final regulations on “Independent Contractor Status Under the Fair Labor Standards Act.”

The current effective date is March 8, 2021. The proposal would delay the effective date to May 7, 2021.

The Department is accepting comments on this proposed delay by 11:59 pm ET on February 24, 2021.

The complete text of this announcement is provided below.

https://www.dol.gov/agencies/whd/flsa/2021-independent-contractor

NOTICE:  The Department’s “Independent Contractor Status Under the Fair Labor Standards Act” rule, published at 86 FR 1168 on January 7, 2021, is currently scheduled to be effective on March 8, 2021. However, in accordance with the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled “Regulatory Freeze Pending Review,” the Department has proposed to delay the rule’s effective date to May 7, 2021. See Federal Register 2021-02484. The Department encourages interested parties to submit comments on this proposed delay after publication of the Notice on February 5, 2021 by 11:59 pm ET on February 24, 2021. The Department will consider only comments about its proposal to delay the rule’s effective date. Any other comments will be considered to be outside the scope of this proposal. Anyone who submits a comment (including duplicate comments) should understand and expect that the comment, including any personal information provided, will become a matter of public record and will be posted without change to www.regulations.gov. Any comment from an individual gathered and submitted by a third-party organization as a group to WHD and posted under a single document ID number on www.regulations.gov, will likewise be posted without change, including any personal information provided.

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