How Far Will The Pendulum Swing? USDOL’s 2026 Proposed Independent Contractor Rule

On February 26, 2026, the U.S. Department of Labor (“USDOL” or the “Department’) announced a long-awaited proposed rule (the “2026 Proposed Rule”) revising the regulations guiding how to determine independent contractor status under the Fair Labor Standards Act (FLSA). The 2026 Proposed Rule would also affect the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Worker Agricultural Worker Protection Act (MSPA). All of these laws are enforced by the USDOL and govern employer/employee... By: Maynard Nexsen