DOL Proposes to Rescind Biden-Era Independent Contractor Rule, Reinstate Modified 2021 Standard

The U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) on February 27, 2026, published a long-awaited proposed rule that would rescind and replace the Biden Administration's 2024 independent contractor classification regulation under the Fair Labor Standards Act (FLSA). The proposed rule, titled "Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act," would return DOL to a... By: Holland & Knight LLP