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B-335873 Jan 24, 2024 1 (2024-01-24)

handle is hein.gao/gaopuc0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335873 January 24, 2024 The Honorable Bernard Sanders Chairman The Honorable Bill Cassidy Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Virginia Foxx Chairwoman The Honorable Bobby Scott Ranking Member Committee on Education and the Workforce House of Representatives Subject: Department of Labor, Wage and Hour Division: Employee or Independent Contractor Classification Under the Fair Labor Standards Act Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Labor, Wage and Hour Division (DOL) entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act (RIN: 1235-AA43). We received the rule on January 10, 2024. It was published in the Federal Register as a final rule on January 10, 2024. 89 Fed. Reg. 1638. The effective date is March 11, 2024. The final rule, according to DOL, modifies regulations to replace the analysis for determining employee or independent contractor classification under the Fair Labor Standards Act, Pub. L. No. 75-718, 52 Stat. 1060 (June 25, 1938). DOL stated that the analysis in the modified regulations is more consistent with judicial precedent and the Act's text and purpose. Enclosed is our assessment of DOL's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398. Shirley A. Jones Managing Associate General Counsel

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