Understanding the DOL's Reissued Opinion Letter on Independent Contractor Status — And How Time & Pay Can Help
Andy Scheu • June 25, 2025

What's New?

In a significant development for employers, the U.S. Department of Labor (DOL) has officially reissued a 2019 Opinion Letter that clarifies how to determine whether a worker qualifies as an independent contractor (IC) or an employee under the Fair Labor Standards Act (FLSA). This letter, originally issued during the first Trump Administration and rescinded under the Biden Administration, has now been restored.


The Opinion Letter outlines six key factors used to evaluate a worker’s status, signaling a shift away from the more restrictive interpretations previously advanced under Democratic administrations. Employers that rely on independent contractors — or are considering converting contractors to employee roles — should take note.


The Six Factors for Independent Contractor Classification


1. Control Over the Worker’s Services

The focus is no longer on how the work is performed (as emphasized during the Obama and Biden eras), but instead on whether the business limits the worker’s ability to serve other clients or competitors. If the worker can freely operate an independent business, this leans toward contractor status.

2. Permanency of the Relationship

Previous administrations viewed long-standing working relationships as indicative of employment. However, the reissued Opinion Letter emphasizes that an ongoing relationship may still be consistent with contractor status if both parties continue to benefit from the arrangement.

3. Investment in Equipment or Facilities

This factor no longer compares the relative investments of the employer and the worker. Instead, it focuses on whether the worker provides their own tools and resources, signaling more independence and supporting IC classification.

4. Skill and Initiative

Contractors should bring specialized skills and entrepreneurial initiative to the table, rather than merely performing tasks under the company’s direction.

5. Opportunity for Profit or Loss

If the worker has control over their own profitability, such as setting rates or choosing which clients to serve, that supports IC status.

6. Integration into the Business

The final factor considers how essential the worker’s services are to the employer’s business operations. The more integrated the services, the more likely the worker is an employee.


What This Means for Employers


This Opinion Letter provides a more business-friendly framework for evaluating independent contractor relationships. It offers employers more flexibility but also greater responsibility to ensure classifications are done correctly. Misclassifying a worker can lead to wage claims, tax penalties, and legal exposure.


How Time & Pay Can Help with IC-to-Employee Transitions


For businesses that now find themselves needing to reclassify independent contractors as employees, Time & Pay is here to help make that transition smooth and compliant.

Here’s how we support employers during this critical shift:


✅ Compliant Onboarding

Our digital onboarding system ensures new employees are brought on quickly and securely, collecting all required forms (W-4s, I-9s, etc.) and automating notifications for E-Verify and state requirements.

✅ Accurate Payroll Setup

We’ll help configure employee classifications, tax withholdings, benefits eligibility, and wage calculations based on hours worked or salaries — all in line with federal and state regulations.

✅ Time & Attendance Integration

Our automated timekeeping system eliminates guesswork by accurately tracking hours worked, breaks, overtime, and PTO — essential when transitioning from project-based contractor billing to hourly wage reporting.

✅ HR Compliance Guidance

From employee handbooks to classification audits and documentation, we offer hands-on HR support to help your business stay compliant and avoid DOL audits or penalties.

✅ Seamless Data Conversion

Whether you’ve been paying contractors via 1099s or through a separate platform, we’ll help migrate historical data, issue final 1099s, and ensure accurate W-2 issuance moving forward.


Ready to Reclassify With Confidence?


As worker classification rules evolve, getting it right has never been more important. Whether you’re proactively evaluating your workforce or reacting to DOL guidance, Time & Pay has the tools and expertise to make compliance easy — and payroll personal.



Contact us today to schedule a consultation and learn how we can support your team through every step of the transition.



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The recently introduced One, Big, Beautiful Bill Act (OBBB Act) brings significant changes for businesses employing tipped workers. A key provision is the “no tax on tips” rule , which removes certain federal tax liabilities for qualified tips. However, not all employees or industries qualify, so it’s essential to understand how this impacts your workforce. To qualify: Tips must be received in an occupation that customarily and regularly received tips on or before December 31, 2024 . Certain fields— healthcare, athletics, and the performing arts —are specifically carved out and do not qualify. Employers must be able to identify if their employees fall into one of the designated Treasury Tipped Occupation Codes (TTOCs) . 📋 Full List of Eligible Tipped Occupations  Below is the complete preliminary list of occupations the Treasury and IRS have identified as customarily tipped roles. Each entry includes the TTOC code, occupation title, description, examples, and related SOC codes . This list is expected to form the basis of official IRS regulations. 🍽️ Beverage & Food Service 101 – Bartenders | Mix and serve drinks (barkeep, sommelier) | SOC 35-3011 102 – Wait Staff | Serve food & beverages to patrons (cocktail waitress) | SOC 35-3031 103 – Food Servers, Nonrestaurant | Serve outside restaurant (room service, beer cart) | SOC 35-3041 104 – Dining Room & Cafeteria Attendants/Bartender Helpers | Clean, reset, assist | SOC 35-9011 105 – Chefs & Cooks | Prepare/cook meals (chef, caterer, food truck cook) | SOC 35-1011, 35-2011, etc. 106 – Food Prep Workers | Prep cold foods, slice meats | SOC 35-1012, 35-2021 107 – Fast Food & Counter Workers | Serve at counters, may prep | SOC 35-3023 108 – Dishwashers | Clean dishes & equipment | SOC 35-9021 109 – Host Staff | Welcome/seat patrons (maître d’) | SOC 35-9031 110 – Bakers | Bake breads, pastries | SOC 51-3011 🎲 Entertainment & Events 201 – Gambling Dealers | Operate games of chance | SOC 39-3011 202 – Gambling Change Persons & Cashiers | Exchange money, tokens | SOC 41-2012 203 – Gambling Cage Workers | Handle casino financials | SOC 43-3041 204 – Gambling & Sports Book Writers/Runners | Take bets, operate keno/bingo | SOC 39-3012 205 – Dancers | Perform dances | SOC 27-2031 206 – Musicians & Singers | Play instruments, sing | SOC 27-2042 207 – DJs (Non-Radio) | Play music for live audiences | SOC 27-2091 208 – Entertainers/Performers | Comedians, magicians, clowns | SOC 27-2099 209 – Digital Content Creators | Streamers, influencers | SOC 27-2099 210 – Ushers/Ticket Takers | Assist patrons at events | SOC 39-3031 211 – Locker/Coatroom Attendants | Provide personal item service | SOC 39-3093 🏨 Hospitality & Guest Services 301 – Baggage Porters/Bellhops | Handle luggage | SOC 39-6011 302 – Concierges | Assist guests with services | SOC 39-6012 303 – Hotel/Resort Desk Clerks | Register, check in/out guests | SOC 43-4081 304 – Maids & Housekeeping Cleaners | Clean hotel rooms | SOC 37-2012 🏡 Home Services 401 – Home Maintenance/Repair Workers | Handyman, roofer, painter | SOC 49-9071 402 – Landscaping/Groundskeeping Workers | Lawn/garden maintenance | SOC 37-3011 403 – Home Electricians | Install/repair wiring | SOC 47-2111 404 – Home Plumbers | Install/repair pipes | SOC 47-2152 405 – HVAC Mechanics/Installers | Heating/AC repair | SOC 49-9021 406 – Appliance Installers/Repairers | Fix/install household appliances | SOC 49-9031 407 – Home Cleaning Workers | House/pool/carpet cleaners | SOC 37-2012 408 – Locksmiths | Keys, locks, safes | SOC 49-9094 409 – Roadside Assistance Workers | Tow truck, tire repair | SOC 49-3023, 53-3032 👤 Personal Services 501 – Personal Care & Service Workers | Aides, butlers, companions | SOC 31-1122 502 – Private Event Planners | Wedding/party planning | SOC 13-1121 503 – Private Event/Portrait Photographers | Wedding/headshot photography | SOC 27-4021 504 – Private Event Videographers | Record events | SOC 27-4031 505 – Event Officiants | Weddings/funerals officiants | SOC 21-2010 506 – Pet Caretakers | Groomers, walkers, sitters | SOC 39-2021 507 – Tutors | Academic tutoring | SOC 25-3041 508 – Nannies/Babysitters | Child care | SOC 39-9011 💇 Personal Appearance & Wellness 601 – Skincare Specialists | Facials, esthetics | SOC 39-5094 602 – Massage Therapists | Therapeutic massage | SOC 31-9011 603 – Barbers/Hairdressers/Cosmetologists | Hair & barber services | SOC 39-5011 604 – Shampooers | Shampoo/rinse hair | SOC 39-5093 605 – Manicurists/Pedicurists | Nail care | SOC 39-5092 606 – Eyebrow Technicians | Threading, waxing | SOC 39-5091 607 – Makeup Artists | Design/apply looks | SOC 39-9031 608 – Fitness Trainers/Instructors | Personal/group exercise | SOC 27-1019 609 – Tattoo Artists & Piercers | Tattoos, body piercing | SOC 51-6052 610 – Tailors | Garment fitting, repair | SOC 51-6041 611 – Shoe/Leather Workers & Repairers | Cobbler, shoe shiner | SOC 39-5012 🎓 Recreation & Instruction 701 – Golf Caddies | Assist golfers | SOC 39-3091 702 – Self-Enrichment Teachers | Piano, art, knitting instructors | SOC 25-3021 703 – Recreational/Tour Pilots | Helicopter/balloon tours | SOC 25-3021 704 – Tour Guides/Escorts | Sightseeing/museum guides | SOC 39-7011 705 – Travel Guides | Expeditions, cruises | SOC 39-7012 706 – Sports & Recreation Instructors | Ski, dive, surf instructors | SOC 53-2012 🚗 Transportation & Delivery 801 – Parking/Valet Attendants | Park/tend vehicles | SOC 53-6021 802 – Taxi/Rideshare Drivers & Chauffeurs | Transport passengers | SOC 53-3054 803 – Shuttle Drivers | Scheduled route drivers | SOC 53-3053 804 – Goods Delivery People | Deliver goods/packages | SOC 53-3031 805 – Vehicle & Equipment Cleaners | Car wash/detailers | SOC 53-7061 806 – Private/Charter Bus Drivers | Motor coach/tour bus | SOC 53-3052 807 – Water Taxi/Charter Boat Workers | Operate boats | SOC 53-5022 808 – Rickshaw/Pedicab/Carriage Drivers | Bike taxis, horse carriages | SOC 53-6099 809 – Home Movers | Furniture movers | SOC 53-7062 ✅ What Employers Should Do Now Review Employee Roles – Determine if any fall under the TTOC list. Adjust Payroll Processes – Coordinate with your payroll provider to ensure compliance with new tip tax rules. Stay Updated – Treasury/IRS will finalize regulations soon, and some occupations may be clarified or excluded. Educate Managers & Staff – Make sure supervisors understand how tips are treated under the new law. 🔗 Resources Official Treasury & IRS Guidance (forthcoming)