1235-AA43 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1235 Wage and Hour Division WHD 1200 Department of Labor DOL Employee or Independent Contractor Classification Under the Fair Labor Standards Act

On January 7, 2021, the Department of Labor (Department) published a final rule on independent contractor status under the Fair Labor Standards Act (FLSA). See 86 FR 1168 (2021 IC Rule). The Department subsequently published final rules to delay and withdraw the 2021 IC Rule on March 4, 2021, and May 6, 2021, respectively. See 86 FR 12535 (Delay Rule); 86 FR 24303 (Withdrawal Rule). On March 14, 2022, a district court in the Eastern District of Texas vacated the Department’s Delay and Withdrawal Rules, concluding that the 2021 IC Rule became effective as of March 8, 2021.The Department continues to believe that the 2021 IC Rule does not fully comport with the FLSA’s text and purpose as interpreted by courts and has proposed to rescind the 2021 IC rule and set forth an analysis for determining employee or independent contractor status under the Act that is more consistent with existing judicial precedent and the Department’s longstanding guidance prior to the 2021 IC rule.

]]> Economically Significant First Time Published in The Unified Agenda Proposed Rule Stage Yes Private Sector 29 CFR 795 29 CFR 780 29 CFR 788 52 Stat. 1060, as amended 29 U.S.C. 201-219 No NPRM 10/13/2022 87 FR 62218 NPRM Comment Period Extended 10/26/2022 87 FR 64749 NPRM Comment Period Extended End 12/13/2022 Final Rule 05/00/2023 Yes Businesses Organizations Undetermined No No Yes No Daniel Navarrete Director, Division of Regulations, Legislation, and Interpretation (DRLI) 1235 Wage and Hour Division WHD 202 693-0406 navarrete.daniel@dol.gov 200 Constitution Avenue NW, Room S-3502, Washington DC 20210