DOL to Introduce NPRM on Determining Employee and Independent Contractor Status

DOL will post a NPRM to rescind current analysis to determine employee or independent contractor status under the Fair Labor Standards Act and replace it with a modified version of the analysis adopted in a 2021 rule. The change will also apply to the Migrant and Seasonal Agricultural Worker Protection Act.

An advance copy of the NPRM, to be published in the Federal Register on 2/27/26, is available.