DOL’s Proposed 2026 Independent Contractor Rule: What Employers Need to Know

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued a Proposed Rule defining “independent contractors” under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The Proposed Rule restores the independent contractor test in the DOL’s 2021 Rule, issued in the waning days of the first Trump Administration, and formally rescinds and replaces the 2024 Rule issued by the Biden... By: Jackson Lewis P.C.