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DOL rule proposal could make more workers employees

October 12, 2022

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The Trump administration rule placed more emphasis on two factors: the nature and degree of workers’ control over their work, and the opportunity for profit or loss based on initiative, investment or both.

Under the DOL’s proposed rule, the six factors DOL would consider equally in the assessment of the economic realities of a working relationship include:

  • Opportunity for profit or loss depending on managerial skill.
  • Investments by the worker and the employer.
  • Degree of permanence of the work relationship.
  • Nature and degree of control.
  • Extent to which the work performed is an integral part of the employer’s business.
  • Skill and initiative.

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