The U.S. Department of Labor’s Wage and Hour Division (WHD) recently announced it has withdrawn two Trump-era opinion letters about policies under the Fair Labor Standards Act. The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
As WHD announced on February 5, 2021, the agency has proposed to delay the effective date of its final rule entitled “Independent Contractor Status Under the Fair Labor Standards Act” to allow WHD additional opportunity for review and consideration of the rule. Opinion Letter FLSA2019-6 addressed the same issue under consideration by the Department—independent contractor status under the FLSA. Consistent with its proposed delay of the final rule, WHD is withdrawing this opinion letter.