What is the new independent contractor rule?

Asked by: Jaden Borer  |  Last update: October 7, 2026
Score: 4.5/5 (25 votes)

The U.S. Department of Labor (DOL) 2024 final rule (effective March 11, 2024) revised how workers are classified under the Fair Labor Standards Act (FLSA), making it harder to classify them as independent contractors. It uses a six-factor "economic realities" test to determine if a worker is economically dependent on an employer (employee) or in business for themselves (contractor).

How much does an independent contractor have to make to get a 1099?

They set their own hours, use their own tools, and receive money for a good or service. (Employers do not remit taxes for 1099 contractors.) If a client paid you more than $600 in income during the year, they'll likely send you a 1099-NEC to attach to your Schedule C.

Will the US Department of Labor no longer enforce the independent contractor rule?

The U.S. Department of Labor (DOL) will no longer apply the 2024 independent contractor final rule when analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).

Are companies going to 4 day work weeks?

Yes, companies are increasingly moving towards or experimenting with a 4-day workweek, driven by successful trials showing increased productivity, better employee well-being, and improved talent retention, though widespread, universal adoption is still slow, with many large firms exploring options while balancing traditional models. Adoption varies by industry and country, with tech, creative, and healthcare sectors leading, and legislation (like in Belgium) also exploring shorter weeks, with AI potentially accelerating the shift. 

What new employee rights will exist in 2025?

California enacted several new employment laws in 2025, including enhanced penalties for wage and hour violations, expanded pay data reporting requirements, broadened sexual harassment protections, stronger pay equity and transparency measures, measures addressing tip theft, restriction of employee loan repayment, ...

DOL’s New Independent Contractor Rule

19 related questions found

What are the rules for being an independent contractor?

Factors that show you are an independent contractor include working with multiple clients instead of just one, not receiving detailed instructions from hiring firms, paying your own business expenses such as office and equipment expenses, setting your own schedule, marketing your services to the public, having all ...

What are the 5 rules of contract law?

The five essential rules (elements) for a valid contract are Offer, Acceptance, Consideration, Capacity, and Intention to Create Legal Relations, often combined with Legality for a total of five or six core principles, ensuring mutual understanding, legal competence, a fair exchange of value, and lawful purpose for the agreement to be binding in court. 

Can an employer get rid of you after 2 years?

If you'll have worked for your employer for at least 2 years when your job ends, your dismissal must be for a fair reason. There are 5 legal reasons for dismissal that are 'potentially fair'.

How do I protect myself as an independent contractor?

To protect yourself as an independent contractor, use solid contracts defining scope and payment, secure proper business insurance (like general/professional liability), manage taxes proactively (paying estimated taxes), keep meticulous records, set clear boundaries with clients (communication, schedule, IP), and verify client reputation to ensure financial and legal security. 

Does the 59 minute rule apply to contractors?

Grant an early release to a contractor employee. For example, the agency may not grant “59 minute” early release to contractor employees. Unless authorized in the contract, ask for help to set up an office or command event.

What are common contract mistakes?

Ambiguous Language

Ambiguous language in contracts can lead to significant misunderstandings and disputes - this is, in fact, one of the biggest pitfalls we see in legal practice. Vague terms can create uncertainty regarding obligations, leading to disagreements about performance.

What four requirements must be included in a contract to make it legal?

The four core elements for a valid contract are Offer, Acceptance, Consideration, and Intention to create legal relations (or Mutual Assent/Meeting of the Minds), ensuring a clear proposal, agreement to that proposal, an exchange of value, and the parties' intent for the agreement to be legally binding, along with legal capacity and a lawful purpose.
 

Are independent contractor rules changing again?

After Trump returned to the Oval Office in 2025, DOL ordered staff not to enforce the 2024 rule and said it was considering rescinding the rule. Just months later, the agency announced that it would revisit independent contractor regulations as part of its Spring 2025 regulatory agenda.

Is it better to be a 1099 or LLC?

For a lot of small contractors, the 1099 route works fine, especially if you're solo and planning on keeping it that way and keeping things simple. But if you're growing (or planning to grow), hiring people, or just want to protect yourself better, an LLC might be the way to go.

What can I write off as an independent contractor?

16 amazing 1099 tax deductions for independent contractors

  • Home office costs.
  • Educational expenses.
  • Business insurance premiums.
  • Depreciation of property and equipmentM.
  • Car expenses.
  • Business travel.
  • Cell phone and internet bills.
  • Health insurance premiums.

What jobs will be replaced in 2025?

40 Jobs AI Will Most Likely Replace

  • Jobs with Highest AI Risk (0.45+ score): Interpreters and Translators. Historians. ...
  • Very High Risk Jobs (0.40-0.44 score): Customer Service Representatives. CNC Tool Programmers. ...
  • High Risk Jobs (0.35-0.39 score): Political Scientists. News Analysts, Reporters, Journalists.

What changes in April 2025?

From 6 April 2025, Employers' National Insurance Contributions (NIC) will increase from 13.8% to 15%, while the threshold - the point at which employers begin to pay NI on an individual's salary - will be reduced from £9,100 to £5,000.