FEDERAL UPDATE – Updated Worker Classification for Independent Contractors, Effective March 11, 2024
A new DOL rule impacting independent contractor worker classification goes into effect on Monday, March 11, 2024.
The 2024 rule rescinds the 2021 independent contractor rule, replacing it with the restoration of a multi-factor analysis – in which no factor has a specified weight or priority – that includes the following factors:
- Opportunity for profit or loss depending on managerial skill,
- Investments by the worker and the potential employer,
- The degree of permanence of the work relationship,
- The nature and degree of control,
- The extent to which the work performed is an integral part of the potential employer’s business
- Skill and initiative
All employers should take the opportunity to review any independent contractors that have been hired since the establishment of the 2021 Rule (January 7, 2021) by applying these new rules.
If there is a reclassification from independent contractor to employee, the reclassification will be from March 11, 2024 going forward without the need for any retroactive corrections.
Frequently Asked Questions associated with this change can be found on the DOL Website. Check with your Human Resources department and Legal Counsel for further assistance with individual circumstances.
RHODE ISLAND – Disaster Unemployment Assistance Benefits Available
Disaster Unemployment Assistance (DUA) is available to individuals who were affected by severe storms, including tornadoes and flooding, that occurred in Providence County on September 9, 2023 in Rhode Island. Impacted individuals who live in, work in, or travel through these counties may be eligible for DUA benefits.
To apply for DUA benefits, individuals should visit Rhode Island’s unemployment claims filing website, UI Online. Applications must be submitted by March 25, 2024.
WASHINGTON – Voluntary Resignation Good Cause Expansion
The Washington Employment Security Department is engaging in rulemaking in stages in order to implement House Bill 1106, which was signed by Governor Inslee in 2023. On March 31, 2024, the first stage will be complete when WAC 192-150-055 language and updates become effective.
The language expands good cause associated with voluntary resignations. The rulemaking will change “immediate family” to “family member” and define “family member,” updating the definition of family members. It will also require that, to establish good cause for leaving work voluntarily because of illness or disability of the individual or a family member, a claimant must make reasonable efforts to preserve their employment status by requesting changes in working conditions, work schedule, or a leave of absence.
