The NLRB reversed its business-friendly test for determining if a worker is an independent contractor or an employee under the NLRA and restored a more worker-friendly test established by the Obama-era NLRB in 2014.
The US Department of Labor (DOL) often misses its target dates, so another delay would not be unusual. Conversely, there is nothing stopping the agency from issuing new rules before May, either.
The US Department of Labor (DOL) will soon propose a new regulation that would apply a version of the decades-old "economic realities test" as its standard for determining whether a worker is an independent contractor under the Fair Labor Standards Act (FLSA).