1235-AA46 202504 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

In 2024, the Department of Labor (Department) published a final rule providing an analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA). See 89 FR 1638 (2024 IC Rule). The 2024 IC Rule took effect on March 11, 2024. However, the 2024 IC Rule is the subject of five separate legal challenges. The Department intends to rescind the 2024 IC rule and is considering how it will proceed with respect to independent contractor classification under the FLSA employee or under the FLSA.

]]> Economically Significant First Time Published in The Unified Agenda Proposed Rule Stage Yes No Deregulatory 29 CFR 780.330(b) 29 CFR 788.16(a) 29 CFR part 795 29 U.S.C. 201 et seq No NPRM 09/00/2025 Undetermined None No No No 1235-AA43 Related to 1235-AA34 Related to 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