Employers looking forward to streamlined U. S. Department of Labor rules on independent contractors will have to wait. The implementation of the rule has been delayed to May 7, 2021. Some business groups are planning on suing the current administration under the Administrative Procedure Act for delaying the rule, and other commentators believe the rule will be scrapped altogether.
For now, employers should look to the IRS regulations and state laws to determine whether a worker is an independent contractor. Employers Council has resources on this topic, and lawyers working for Employers Council can help you with this issue.