DOL NPRM on Determining Employee and Independent Contractor Status

DOL NPRM replacing current analysis for determining employee or independent contractor status under the Fair Labor Standards Act with one modified from the 2021 rule. It will also apply to the Migrant and Seasonal Agricultural Worker Protection Act. Comments are due 4/28/26. (91 FR 9932, 2/27/26)

DEPARTMENT OF LABOR

Wage and Hour Division 29 CFR Parts 500, 795, and 825

[Docket No. WHD–2026–0001]

RIN 1235–AA46

Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice of proposed rule; request for comments.