In 2020, the Trump Administration proposed a new five factor rule for the Department of Labor (DOL) to use when enforcing the Fair Labor Standards Act of 1938. This rule called the Independent Contractor Status Under the Fair Labor Standards Act placed core focus on “the control an employer had over an individual’s work and the opportunity for profit and loss.” The rule was meant to go into effect in March 2021 but President Biden has withdrawn the rule in favor of the ABC Test he campaigned for in 2020. With the monetary appeal of worker misclassification as independent contractors, a formal rule is needed by the DOL. Without one in place, they will continue to use the totality of the circumstances test and the push for a better rule will continue.
See "The conflict over worker classifications as an employee or contractor persist amid pushback from the Biden Administration", Tom Spiggle, Forbes, June 8, 2021