Staying Independent in the Shifting Landscapes of the DOL
- Vik F.
- May 16
- 3 min read
There is a lot happening behind the scenes right now that could change how independent work is viewed. On May 1, 2025, the U.S. Department of Labor issued new guidance that affects how it will handle investigations around whether someone is an employee or an independent contractor. If you work gigs, pick up shifts, or enjoy the flexibility that comes with being your own boss, this matters.
The department had introduced a rule in 2024 that made it harder for businesses to classify workers as independent contractors. That rule used a six-factor test focused on how much a worker depends on the business they work for. It created more restrictions, and a lot of independent workers felt that it pushed things too far. That rule is still technically in place, but here is where it gets interesting. The department has said it will not be using that rule in its current investigations, at least not for now.
Instead, investigators are being told to go back to a more familiar approach. They will now use long-standing guidance that looks at the full picture of a working relationship, not just a few specific points. That includes something called Fact Sheet 13 and a previously reinstated opinion letter that offers extra clarity for platform-based and gig-style work. This shift means the department is pressing pause on stricter enforcement while it reviews the rule and sorts through ongoing legal challenges.
So what does that mean for you? It means there is now a difference between the rule on paper and how the department is actually enforcing things. If you are ever part of an investigation, the agency will apply the older, more flexible guidance unless penalties or back wages have already been assessed in your case. On the other hand, private lawsuits could still use the 2024 rule, so it is possible for different standards to apply depending on who is bringing the claim.
This moment creates a window of uncertainty, but it also opens the door for a more practical conversation. The Department of Labor has hinted that it may change the rule entirely, and this move suggests they are reconsidering how to define independent work in a way that fits today’s reality. While nothing is officially changing yet, it is clear that the department is listening, watching, and adjusting its approach.
That said, this new guidance is not a license to ignore classification issues. It does not cancel the 2024 rule or remove the department’s ability to act. The agency still has the authority to take enforcement action in individual cases if they believe it is necessary. This update simply shifts how they are handling things in the meantime while bigger decisions are being made.
If you are working gigs, now is a good time to stay informed. Knowing how classification works and what standards apply can help you protect your opportunities and your independence. It is also smart to be aware of your state’s rules, since some places have even stricter standards than the federal ones.
This is a big moment for anyone navigating independent work. It shows that definitions are still being debated, and it reminds us how important it is to speak up and stay connected. Being independent does not mean being left out. It means showing up with knowledge, confidence, and the willingness to keep building something that works for you. DoL shifting landscape
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