On March 11, 2021, the U.S. Department of Labor (DOL) announced its proposed withdrawal of its previous rule[1] for evaluating an individual’s independent contractor status (“Final Rule”). The Final Rule was officially withdrawn as explained in the Federal Register on May 6, 2021.[2] The DOL’s stated reasoning for issuing the withdrawal is because the Final Rule would “significantly weaken protections afforded to American workers under the Fair Labor Standards Act [(FLSA)].” For employers, including not-for-profit organizations, the withdrawal creates uncertainty for classifying an independent contractor and the factors that the DOL or a court will evaluate to determine whether the classification is appropriate.