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DOL/WHD RIN: 1235-AA34 Publication ID: Spring 2021 
Title: Independent Contractor Status Under the Fair Labor Standards Act 

The Department of Labor issued a final rule, with an effective date of March 8, 2021, revising its interpretation of is proposing a regulation for determining independent contractor status under the Fair Labor Standards Act. In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, entitled "Regulatory Freeze Pending Review," the Department issued a Notice of Proposed Rulemaking to delay the effective date of the rule until May 7, 2021, to review and consider the questions of law, policy, and fact raised by the rule.

Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 29 CFR 780, 788 and 795     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Fair Labor Standards Act, 29 U.S.C. 201 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/25/2020  85 FR 60600   
NPRM Comment Period End  10/26/2020 
Final Rule  01/07/2021  86 FR 1168   
Proposed Delay of Final Rule Effective Date  02/05/2021  86 FR 8326   
Proposed Delay of Final Rule Effective Date Comment Period End  02/24/2021 
Final Rule Delay of Effective Date  03/04/2021  86 FR 12535   
Final Rule Delay of Effective Date Effective  05/07/2021 
NPRM; Proposal to Withdraw  03/12/2021  86 FR 14027   
NPRM; Proposal to Withdraw Comment Period End  04/12/2021 
Final Rule; Withdrawal  05/06/2021  86 FR 24303   
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Local, State 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Amy DeBisschop
Director of the Division of Regulations, Legislation and Interpretation
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW, FP Building, Room S-3502,
Washington, DC 20210
Phone:202 693-0406