U.S. Department of Labor Proposes New Independent Contractor Classification Rule

On Feb. 26, 2026, the U.S. Department of Labor (DOL) announced plans to rescind the 2024 Biden-era independent contractor rule and largely adopt a rule that was announced near the end of President Donald Trump’s first term. If adopted, the DOL will abandon the current six-factor totality-of-the-circumstances analysis in favor of a revised “economic reality test” that focuses on: (1) the nature and degree of control over the work; and (2) the workers’ opportunity for profit or loss based on... By: McGuireWoods LLP