On January 6, 2021, the Department of Labor (DOL) announced its final rule seeking to make it easier to classify workers as independent contractors.  The distinction is not without difference, as the federal Fair Labor Standards Act (FLSA) and many of its state analogues only protect employees, but do not extend to independent contractors – including many gig economy workers.  However, as made clear by the new rule, merely identifying a worker as an “independent contractor” does not mean the employer is off the hook.