The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA). Under the current 2021 rule, two “core factors,” those being control over the work and opportunity for profit or loss, carried greater weight than “non-core factors” in determining the status of independent contractors. The 2021 rule, which remains in effect until the proposed rule can be finalized, made it easier for employers to classify workers as independent contractors rather than employees.