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Following a proposed and failed bill in the New York State legislature during Summer 2019 that would have created a new category of “Dependent Worker,” and California’s passage of AB-5, which codified the ABC “employment” test into law, all signs pointed to 2020 being the year that New York instituted a sea change to the definition of independent contractor.

As reported on our Wage & Hour Law Blog just a few days ago, the U.S. Department of Labor (DOL) has announced that it will revive its historical practice of issuing Opinion Letters in response to specific inquiries from businesses and workers about the application of (among other things) the Fair Labor Standards Act of 1938 to their real-world issues. This development is welcome – and extremely important – to the businesses fueling the growth of the gig economy, businesses that may feel understandable uncertainty about how the 80 year-old FLSA will be applied to the emerging business models that were not contemplated when the statute was first drafted.

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