{"description":"Documents matching '\"independent contractor\"' and from Wage and Hour Division","count":27,"total_pages":2,"next_page_url":"https://www.federalregister.gov/api/v1/documents?conditions%5Bagencies%5D%5B%5D=wage-and-hour-division&conditions%5Bterm%5D=%22independent+contractor%22&format=json&page=2","results":[{"title":"Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act","type":"Proposed Rule","abstract":"The Department is proposing to rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) currently set forth in 29 CFR part 795 and replace it with the analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA), both of which incorporate the FLSA's scope of employment.","document_number":"2026-03962","html_url":"https://www.federalregister.gov/documents/2026/02/27/2026-03962/employee-or-independent-contractor-status-under-the-fair-labor-standards-act-family-and-medical","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-02-27/pdf/2026-03962.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-03962.pdf?1772113515","publication_date":"2026-02-27","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"workers\n (%) \n \n Sample size \n Year \n \n \n CPS CWS \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker \n 7.4 \n ~60,000 \n 2023 \n \n \n ALP \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker \n 7.2 \n 6,028 \n 2015 \n \n \n GSS QWL \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelancer \n 14.10 \n 2,538 \n 2014 \n \n \n Jackson et al \n Tax data \n <span class=\"match\">Independent contractor</span>, household worker \n \n a \n  3.3\n \n \n ~5.9 million \n b \n \n 2014 \n \n \n Lim et al \n Tax data \n <span class=\"match\">Independent contractor</span> \n 8.1 \n 1% of 1099-MISC and 5% of 1099-K \n 2016 \n \n \n W"},{"title":"Employee or Independent Contractor Classification Under the Fair Labor Standards Act","type":"Rule","abstract":"The U.S. Department of Labor (the Department) is modifying Wage and Hour Division regulations to replace its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA or Act) with an analysis that is more consistent with judicial precedent and the Act's text and purpose.","document_number":"2024-00067","html_url":"https://www.federalregister.gov/documents/2024/01/10/2024-00067/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-01-10/pdf/2024-00067.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-00067.pdf?1704807918","publication_date":"2024-01-10","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"Regulations on Employee or <span class=\"match\">Independent Contractor</span> Status \n \n Until the 2021 IC Rule, the Department had not previously promulgated generally applicable regulations on <span class=\"match\">independent contractor</span> classification in the FLSA's 83 years of existence. In light of the consistency of the economic reality test as adopted by the circuits, the Department had instead relied on subregulatory documents to provide generally applicable guidance for the Department and the regulated community on determining employee or <span class=\"match\">independent contractor</span> status under the FLSA. In"},{"title":"Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act","type":"Proposed Rule","abstract":"Since 2021, the Department has not provided any regulatory guidance addressing joint employer status under the Fair Labor Standards Act (FLSA or Act) for the benefit of workers, employers, or its enforcement personnel. In this rulemaking, the Department proposes to clarify how to determine joint employer status under the FLSA in Part 791 of Title 29, where its joint employer regulations were located prior to 2021. Additionally, the Department is also proposing to amend provisions in its regulations implementing the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to provide that joint employer status under those laws be determined using the Department's FLSA analysis, as the FMLA and MSPA both incorporate the FLSA's employment definitions. This rulemaking is intended to provide clarity and a measure of uniformity for employers and employees in an area of the law where components of legislative, executive, and judicial branches--at both the federal and state levels--have presented widely varying tests and standards. In addition, the proposed rule offers a nationwide standard for use by the Department's investigators and law enforcement personnel that would not only ensure the evenhanded application of the Act in matters that often cross state and circuit lines but also preserve core consistency with the wide variety of potentially relevant judicial frameworks. The proposed rule intends to marshal the commonality between those approaches closest to the statute as construed by the courts and, in so doing, simplify the Department's enforcement of the law, reduce litigation, and provide a reliable and uniform analysis for workers and employers that ultimately applies and complements the core commonality between the various tests applied by the federal courts.","document_number":"2026-07959","html_url":"https://www.federalregister.gov/documents/2026/04/23/2026-07959/joint-employer-status-under-the-fair-labor-standards-act-family-and-medical-leave-act-and-migrant","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-04-23/pdf/2026-07959.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-07959.pdf?1776861922","publication_date":"2026-04-23","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"305(c) provides that “[a] farmer whose crops are harvested by an <span class=\"match\">independent \n \n contractor</span> is considered to be a joint employer with the contractor who supplies the harvest hands if the farmer has the power to direct, control or supervise the work, or to determine the pay rates or method of payment for the harvest hands” (citing 29 CFR 780.331). Also, subsection 780.331(d) provides that “[w]hether or not a labor contractor or crew leader is found to be a bona fide <span class=\"match\">independent contractor</span>, his employees are considered jointly employed by him and the"},{"title":"Statements of General Policy or Interpretation Not Directly Related to Regulations","type":"Proposed Rule","abstract":"The Department of Labor (Department) proposes to remove parts located in Title 29, Chapter V, Subchapter B of the Code of Federal Regulations (CFR) that were not originally issued, or subsequently amended, through notice-and-comment rulemaking. Because these parts consist of interpretive rules and policy statements regarding the Fair Labor Standards Act (FLSA) which do not carry the force and effect of law, the Department believes that these parts, to the extent that they have not benefitted from public comment, should be repurposed as sub- regulatory guidance. The Department seeks comment on what provisions in Subchapter B should be retained in the CFR, as well as what kind of sub-regulatory guidance the Department should use to preserve interpretive rules and policy statements that are removed from the CFR. This summary can be found at https://www.regulations.gov by searching by the RIN: 1235-AA52.","document_number":"2025-12314","html_url":"https://www.federalregister.gov/documents/2025/07/02/2025-12314/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-07-02/pdf/2025-12314.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-12314.pdf?1751287533","publication_date":"2025-07-02","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"such as: the principles of coverage under the FLSA (29 CFR part 776); the determination of an employee's “regular rate of pay” used to calculate overtime premiums under the FLSA (29 CFR part 778); the definition of “hours worked” under the FLSA (29 CFR part 785); or <span class=\"match\">independent contractor</span> status under the FLSA (29 CFR part 795). While some of the parts or provisions located in Subchapter B were originally issued or subsequently amended through notice-and-comment rulemaking, many were not, as the APA exempts “interpretative rules” and “general statements"},{"title":"Employee or Independent Contractor Classification Under the Fair Labor Standards Act","type":"Proposed Rule","abstract":"The U.S. Department of Labor (the Department) is proposing to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA or Act) to be more consistent with judicial precedent and the Act's text and purpose.","document_number":"2022-21454","html_url":"https://www.federalregister.gov/documents/2022/10/13/2022-21454/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2022-10-13/pdf/2022-21454.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2022-21454.pdf?1665492317","publication_date":"2022-10-13","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"Contracting \n \n Source \n Method [a] \n Definition [b] \n Percent of workers \n Sample size \n Year \n \n \n CPS CWS \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker (main only) \n 6.9% \n 50,392 \n 2017 \n \n \n ALP \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker (main only) \n 7.2% \n 6,028 \n 2015 \n \n \n Gallup \n Survey \n <span class=\"match\">Independent contractor</span> \n 14.7% \n 5,025 \n 2017 \n \n \n GSS QWL \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelancer (main only) \n 14.1% \n 2,538 \n 2014 \n \n \n Jackson et al. \n Tax data \n Independent contractor"},{"title":"Employee or Independent Contractor Classification Under the Fair Labor Standards Act; Extension of Comment Period","type":"Proposed Rule","abstract":"This document extends the deadline for submitting written comments on the Notice of Proposed Rulemaking (NPRM), Employee or Independent Contractor Classification Under the Fair Labor Standards Act, to December 13, 2022. The U.S. Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments.","document_number":"2022-23314","html_url":"https://www.federalregister.gov/documents/2022/10/26/2022-23314/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act-extension-of","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2022-10-26/pdf/2022-23314.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2022-23314.pdf?1666701929","publication_date":"2022-10-26","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"ACTION: \n Proposed rule; extension of comment period. \n \n \n SUMMARY: \n This document extends the deadline for submitting written comments on the Notice of Proposed Rulemaking (NPRM), Employee or <span class=\"match\">Independent Contractor</span> Classification Under the Fair Labor Standards Act, to December 13, 2022. The U.S. Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments. \n \n \n DATES: \n \n The comment period for the NPRM that previously published on October 13, 2022, \n see \n 87 FR 62218, has been extended"},{"title":"Application of the Fair Labor Standards Act to Domestic Service","type":"Proposed Rule","abstract":"In 1974, Congress applied the Fair Labor Standards Act (FLSA) to \"domestic service\" employees, but exempted employees who provide \"companionship services\" from the minimum wage and overtime requirements and also exempted live-in domestic service employees from overtime. In 1975, the Department promulgated regulations defining companionship services and permitting third party employers to claim these exemptions. These regulations remained substantially unchanged for nearly 40 years. In 2013, the Department revised the regulations to narrow the definition of companionship services and prevent third party employers from claiming either of the exemptions. Because the Department is concerned that the 2013 regulations might not reflect the best interpretation of the FLSA and might discourage essential companionship services by making these services more expensive, the Department is proposing to return to the 1975 regulations. This summary can be found at https://www.regulations.gov by searching by the RIN: 1235-AA51.","document_number":"2025-12316","html_url":"https://www.federalregister.gov/documents/2025/07/02/2025-12316/application-of-the-fair-labor-standards-act-to-domestic-service","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-07-02/pdf/2025-12316.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-12316.pdf?1751287533","publication_date":"2025-07-02","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"third-party provider, not that they are self-employed independent contractors. Independent providers are typically employees of the consumers they serve, or the families or households of those consumers. However, it is possible that an independent provider could be an <span class=\"match\">independent contractor</span> rather than an employee for the purposes of the FLSA. \n See \n 78 FR 60484. The Department welcomes comment on the extent to which some of the estimated 1.5 million independent providers might be independent contractors.\n \n \n i. Benefits \n \n The Department expects"},{"title":"Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Withdrawal","type":"Rule","abstract":"This action finalizes the Department of Labor's proposal to withdraw the rule titled Independent Contractor Status under the Fair Labor Standards Act, which was published in the Federal Register on January 7, 2021.","document_number":"2021-09518","html_url":"https://www.federalregister.gov/documents/2021/05/06/2021-09518/independent-contractor-status-under-the-fair-labor-standards-act-flsa-withdrawal","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-05-06/pdf/2021-09518.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-09518.pdf?1620218717","publication_date":"2021-05-06","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"ch?FLSA \n (last visited April 28, 2021).\n \n \n C. The January 2021 <span class=\"match\">Independent Contractor</span> Rule \n \n On January 7, 2021, the Department published a final rule titled “<span class=\"match\">Independent Contractor</span> Status Under the Fair Labor Standards Act” with an effective date of March 8, 2021 (<span class=\"match\">Independent Contractor</span> Rule or Rule).\n 48 \n \n The <span class=\"match\">Independent Contractor</span> Rule would have introduced into Title 29 of the Code of Federal Regulations a new part (Part 795) titled “Employee or <span class=\"match\">Independent Contractor</span> Classification under the Fair Labor Standards Act” that would have"},{"title":"Independent Contractor Status Under the Fair Labor Standards Act; Withdrawal","type":"Proposed Rule","abstract":"This notice of proposed rulemaking (NPRM) proposes to withdraw the final rule titled \"Independent Contractor Status under the Fair Labor Standards Act,\" which was published on January 7, 2021 and the effective date of which is currently May 7, 2021.","document_number":"2021-05256","html_url":"https://www.federalregister.gov/documents/2021/03/12/2021-05256/independent-contractor-status-under-the-fair-labor-standards-act-withdrawal","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-03-12/pdf/2021-05256.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-05256.pdf?1615470339","publication_date":"2021-03-12","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"earch?FLSA \n (last visited March 9, 2021).\n \n \n C. The January 2021 <span class=\"match\">Independent Contractor</span> Rule \n \n On January 7, 2021, the Department published a final rule entitled “<span class=\"match\">Independent Contractor</span> Status under the Fair Labor Standards Act” with an effective date of March 8, 2021 (<span class=\"match\">Independent Contractor</span> Rule or Rule).\n 48 \n \n The <span class=\"match\">Independent Contractor</span> Rule would introduce into Title 29 of the Code of Federal Regulations a new part (Part 795) titled “Employee or <span class=\"match\">Independent Contractor</span> Classification under the Fair Labor Standards Act” that would provide"},{"title":"Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date","type":"Rule","abstract":"Consistent with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled \"Regulatory Freeze Pending Review,\" this action finalizes the Department of Labor's proposal to delay until May 7, 2021, the effective date of the rule titled Independent Contractor Status Under the Fair Labor Standards Act (\"Independent Contractor Rule\" or \"January 2021 Rule\"), which was published in the Federal Register on January 7, 2021, to allow the Department to review issues of law, policy, and fact raised by the rule before it takes effect.","document_number":"2021-04608","html_url":"https://www.federalregister.gov/documents/2021/03/04/2021-04608/independent-contractor-status-under-the-fair-labor-standards-act-flsa-delay-of-effective-date","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-03-04/pdf/2021-04608.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-04608.pdf?1614719729","publication_date":"2021-03-04","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"proposing to delay the effective date of the <span class=\"match\">Independent Contractor</span> Rule to May 7, 2021, which would be 60 days beyond its original effective date. \n See \n 86 FR 8326.\n \n \n In the NPRM, the Department explained that delaying the effective date of the <span class=\"match\">Independent Contractor</span> Rule would give the Department additional opportunity to review and consider the <span class=\"match\">Independent Contractor</span> Rule, as the Regulatory Freeze Memorandum and OMB Memorandum M-21-14 contemplate. The Department noted that the <span class=\"match\">Independent Contractor</span> Rule would be its first generally applicable"},{"title":"Independent Contractor Status Under the Fair Labor Standards Act","type":"Rule","abstract":"The U.S. Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or the Act) to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy.","document_number":"2020-29274","html_url":"https://www.federalregister.gov/documents/2021/01/07/2020-29274/independent-contractor-status-under-the-fair-labor-standards-act","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-01-07/pdf/2020-29274.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2020-29274.pdf?1609940719","publication_date":"2021-01-07","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"size \n Year \n \n \n CPS CWS \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker (main only) \n 6.9 \n 50,392 \n 2017 \n \n \n ALP \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker (main only) \n 7.2 \n 6,028 \n 2015 \n \n \n \n GSS QWL \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelancer (main only) \n 14.1 \n 2,538 \n 2014 \n \n \n Jackson et al \n Tax data \n <span class=\"match\">Independent contractor</span>, household worker \n \n b \n  6.1\n \n \n ~5.9 million \n c \n \n 2014 \n \n \n Lim et al \n Tax data \n <span class=\"match\">Independent contractor</span> \n 8.1 \n 1% of 1099-MISC and 5% of 1099-K"},{"title":"Independent Contractor Status Under the Fair Labor Standards Act: Delay of Effective Date","type":"Proposed Rule","abstract":"In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021 from the Assistant to the President and Chief of Staff, entitled \"Regulatory Freeze Pending Review,\" this action proposes to delay until May 7, 2021, the effective date of the rule entitled Independent Contractor Status Under the Fair Labor Standards Act (\"Independent Contractor Rule\"), published in the Federal Register on January 7, 2021. The rule's current effective date is March 8, 2021. The Wage and Hour Division seeks comments on this proposed delay, which would allow it additional opportunity for review and consideration of the new rule.","document_number":"2021-02484","html_url":"https://www.federalregister.gov/documents/2021/02/05/2021-02484/independent-contractor-status-under-the-fair-labor-standards-act-delay-of-effective-date","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-02-05/pdf/2021-02484.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-02484.pdf?1612368916","publication_date":"2021-02-05","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"\n SUPPLEMENTARY INFORMATION: \n \n On January 7, 2021, the Department of Labor's Wage and Hour Division (“WHD”) published the <span class=\"match\">Independent Contractor</span> Rule in the \n Federal Register \n with an effective date of March 8, 2021. \n See \n 86 FR 1168. The <span class=\"match\">Independent Contractor</span> Rule would, among other actions, introduce into title 29 of the Code of Federal Regulations a new part (part 795) entitled “Employee or <span class=\"match\">Independent Contractor</span> Classification under the Fair Labor Standards Act.” \n See id. \n \n \n In a memorandum dated January 20, 2021 and entitled “Regulatory"},{"title":"Independent Contractor Status Under the Fair Labor Standards Act","type":"Proposed Rule","abstract":"The U.S. Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or Act) in order to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy.","document_number":"2020-21018","html_url":"https://www.federalregister.gov/documents/2020/09/25/2020-21018/independent-contractor-status-under-the-fair-labor-standards-act","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2020-09-25/pdf/2020-21018.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2020-21018.pdf?1600951522","publication_date":"2020-09-25","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"size \n Year \n \n \n CPS CWS \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker (main only) \n 6.9 \n 50,392 \n 2017 \n \n \n ALP \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelance worker (main only) \n 7.2 \n 6,028 \n 2015 \n \n \n GSS QWL \n Survey \n <span class=\"match\">Independent contractor</span>, consultant or freelancer (main only) \n 14.1 \n 2,538 \n 2014 \n \n \n Jackson et al \n Tax data \n <span class=\"match\">Independent contractor</span>, household worker \n \n b \n  6.1\n \n \n c \n  ~5.9 million\n \n 2014 \n \n \n Lim et al \n Tax data \n <span class=\"match\">Independent contractor</span> \n 8.1 \n 1% of 1099-MISC and 5% of 1099-K"},{"title":"Nondisplacement of Qualified Workers Under Service Contracts","type":"Proposed Rule","abstract":"The Department of Labor (Department) proposes regulations to implement Executive Order 14055, Nondisplacement of Qualified Workers Under Service Contracts, signed by President Joseph R. Biden, Jr. on November 18, 2021. The order establishes a general policy of the Federal Government that service contracts which succeed contracts for the same or similar services, and solicitations for such contracts, shall include a non-displacement clause. The non-displacement clause requires the contractor and its subcontractors to offer qualified employees employed under the predecessor contract a right of first refusal of employment under the successor contract. The Executive order also directs the Secretary of Labor (Secretary) to issue regulations to implement the requirements of this order. The order further directs that within 60 days of the Secretary issuing final regulations, the Federal Acquisition Regulatory Council (FAR Council) shall amend the Federal Acquisition Regulation (FAR) to provide for inclusion of the clause in section 3 of the order. Finally, the order requires the Director of the Office of Management and Budget (OMB) to issue guidance to implement section 6(c) of this order.","document_number":"2022-14967","html_url":"https://www.federalregister.gov/documents/2022/07/15/2022-14967/nondisplacement-of-qualified-workers-under-service-contracts","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2022-07-15/pdf/2022-14967.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2022-14967.pdf?1657802714","publication_date":"2022-07-15","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"to any contractual relationship alleged to exist between the individual and a contractor or subcontractor,” the obligation to make good faith offers of employment extends to <span class=\"match\">independent contractor</span> service employees performing work under the predecessor contract. In making such an offer, a successor contractor may hire as an employee a worker who was an <span class=\"match\">independent contractor</span> under the predecessor contract. To the extent necessary to meet its anticipated staffing pattern and in accordance with the requirements described at 9.12(d), the \n \n successor"},{"title":"Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule","type":"Rule","abstract":"This action finalizes the Department's proposal to rescind the final rule titled ``Joint Employer Status Under the Fair Labor Standards Act,'' which published on January 16, 2020, and took effect on March 16, 2020. This rescission removes the regulations established by that rule.","document_number":"2021-15316","html_url":"https://www.federalregister.gov/documents/2021/07/30/2021-15316/rescission-of-joint-employer-status-under-the-fair-labor-standards-act-rule","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-07-30/pdf/2021-15316.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-15316.pdf?1627562725","publication_date":"2021-07-30","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"Joint Employer Rule with the proposed withdrawal of the Department's rule related to independent contractors. See 86 FR 14027 (Mar. 12, 2021) (proposing withdrawal of the final rule, “<span class=\"match\">Independent Contractor</span> Status under the Fair Labor Standards Act,” previously published on January 7, 2021 at 86 FR 1168). The Department finalized withdrawal of the <span class=\"match\">Independent Contractor</span> Rule on May 6, 2021. See 86 FR 24303. \n \n Having considered the comments submitted in response to the NPRM, the Department has decided to finalize the rescission of the Joint Employer"},{"title":"Temporary Agricultural Employment of H-2A Nonimmigrants in the United States","type":"Rule","abstract":"The Department of Labor (Department or DOL) is amending its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers) and enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. These regulations are consistent with the Secretary of Labor's (Secretary) statutory responsibility to certify that there are not sufficient able, willing, and qualified workers available to fill the petitioning employer's job opportunity, and that the employment of H-2A workers in that job opportunity will not adversely affect the wages and working conditions of workers in the United States similarly employed. Among the issues addressed in this final rule are improving the minimum standards and conditions of employment that employers must offer to workers; expanding the Department's authority to use enforcement tools, such as program debarment for substantial violations of program requirements; modernizing the process by which the Department receives and processes employers' job orders and applications for temporary agricultural labor certifications, including the recruitment of United States workers (U.S. workers); and revising the standards and procedures for determining the prevailing wage rate. This final rule will strengthen protections for workers, modernize and simplify the H- 2A application and temporary labor certification process, and ease regulatory burdens on employers.","document_number":"2022-20506","html_url":"https://www.federalregister.gov/documents/2022/10/12/2022-20506/temporary-agricultural-employment-of-h-2a-nonimmigrants-in-the-united-states","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2022-10-12/pdf/2022-20506.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2022-20506.pdf?1665060317","publication_date":"2022-10-12","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Employment and Training Administration","name":"Employment and Training Administration","id":133,"url":"https://www.federalregister.gov/agencies/employment-and-training-administration","json_url":"https://www.federalregister.gov/api/v1/agencies/133","parent_id":271,"slug":"employment-and-training-administration"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"non-agricultural under another was confusing, and that the reclassification of pine straw activities as agricultural under the INA would simplify compliance. Another commenter suggested a regulatory clarification that construction labor performed on a farm for an <span class=\"match\">independent contractor</span>, as opposed to for the farm operator, is not agricultural employment for the purposes of the FLSA, and that employees providing such services are entitled to overtime pay. \n \n In light of these comments, the Department reiterates that the FLSA applies independently"},{"title":"Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule","type":"Proposed Rule","abstract":"This notice of proposed rulemaking (NPRM) proposes to rescind the final rule entitled \"Joint Employer Status Under the Fair Labor Standards Act,\" which published on January 16, 2020 and took effect on March 16, 2020. The proposed rescission would remove the regulations established by that rule.","document_number":"2021-04867","html_url":"https://www.federalregister.gov/documents/2021/03/12/2021-04867/rescission-of-joint-employer-status-under-the-fair-labor-standards-act-rule","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-03-12/pdf/2021-04867.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-04867.pdf?1615470317","publication_date":"2021-03-12","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"employment regulation in 1997 via a final rule following notice-and-comment rulemaking. \n See \n 62 FR 11734 (Mar. 12, 1997).\n \n \n \n \n 33 \n  \n See \n 2016 WL 284582, at *8-12.\n \n \n \n \n 34 \n  \n See \n News Release 17-0807-NAT, “US Secretary of Labor Withdraws Joint Employment, <span class=\"match\">Independent Contractor</span> Informal Guidance” (Jun. 7, 2017), \n available at https://www.dol.gov/newsroom/releases/opa/opa20170607. \n \n \n B. 2020 Joint Employer Rule \n \n In January 2020, WHD published a final rule entitled “Joint Employer Status Under the Fair Labor Standards Act,” which became"},{"title":"Joint Employer Status Under the Fair Labor Standards Act","type":"Rule","abstract":"The U.S. Department of Labor (the Department) is updating and revising the Department's interpretation of joint employer status under the Fair Labor Standards Act (FLSA or Act) in order to promote certainty for employers and employees, reduce litigation, promote greater uniformity among court decisions, and encourage innovation in the economy.","document_number":"2019-28343","html_url":"https://www.federalregister.gov/documents/2020/01/16/2019-28343/joint-employer-status-under-the-fair-labor-standards-act","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2020-01-16/pdf/2019-28343.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2019-28343.pdf?1578923116","publication_date":"2020-01-16","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"piecework than an enterprise that actually depended for success upon the initiative, judgment or foresight of the typical <span class=\"match\">independent contractor</span>. Upon the whole, we must conclude that these [workers] were employees of the slaughtering plant under the Fair Labor Standards Act.” \n Id. \n at 730. \n See also id. \n at 729 (“Where the work done, in its essence, follows the usual path of an employee, putting on an `<span class=\"match\">independent contractor</span>' label does not take the worker from the protection of the Act.”). Indeed, the Court in \n Darden \n later discussed \n Rutherford"},{"title":"Joint Employer Status Under the Fair Labor Standards Act","type":"Proposed Rule","abstract":"This proposed rulemaking is intended to update and clarify the Department of Labor's (Department) interpretation of joint employer status under the Fair Labor Standards Act (FLSA or Act), which has not been significantly revised in over 60 years. The proposed changes are designed to promote certainty for employers and employees, reduce litigation, promote greater uniformity among court decisions, and encourage innovation in the economy.","document_number":"2019-06500","html_url":"https://www.federalregister.gov/documents/2019/04/09/2019-06500/joint-employer-status-under-the-fair-labor-standards-act","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2019-04-09/pdf/2019-06500.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2019-06500.pdf?1554727516","publication_date":"2019-04-09","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"dependence” factors that are not relevant to the joint employer analysis. Those factors would include, but would not be limited to, whether the employee:\n \n \n \n 9 \n  As explained below, economic dependence only measures whether a worker is an employee under the Act or an <span class=\"match\">independent contractor</span>.\n \n \n • Is in a specialty job or a job otherwise requiring special skill, initiative, judgment, or foresight; \n • Has the opportunity for profit or loss based on his or her managerial skill; and \n • Invests in equipment or materials required for work or for the employment"},{"title":"Application of the Fair Labor Standards Act to Domestic Service","type":"Rule","abstract":"In 1974, Congress extended the protections of the Fair Labor Standards Act (FLSA or the Act) to \"domestic service\" employees, but it exempted from the Act's minimum wage and overtime provisions domestic service employees who provide \"companionship services\" to elderly people or people with illnesses, injuries, or disabilities who require assistance in caring for themselves, and it exempted from the Act's overtime provision domestic service employees who reside in the household in which they provide services. This Final Rule revises the Department's 1975 regulations implementing these amendments to the Act to better reflect Congressional intent given the changes to the home care industry and workforce since that time. Most significantly, the Department is revising the definition of \"companionship services\" to clarify and narrow the duties that fall within the term; in addition third party employers, such as home care agencies, will not be able to claim either of the exemptions. The major effect of this Final Rule is that more domestic service workers will be protected by the FLSA's minimum wage, overtime, and recordkeeping provisions.","document_number":"2013-22799","html_url":"https://www.federalregister.gov/documents/2013/10/01/2013-22799/application-of-the-fair-labor-standards-act-to-domestic-service","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2013-10-01/pdf/2013-22799.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2013-22799.pdf?1380545578","publication_date":"2013-10-01","agencies":[{"raw_name":"DEPARTMENT OF LABOR","name":"Labor Department","id":271,"url":"https://www.federalregister.gov/agencies/labor-department","json_url":"https://www.federalregister.gov/api/v1/agencies/271","parent_id":null,"slug":"labor-department"},{"raw_name":"Wage and Hour Division","name":"Wage and Hour Division","id":524,"url":"https://www.federalregister.gov/agencies/wage-and-hour-division","json_url":"https://www.federalregister.gov/api/v1/agencies/524","parent_id":271,"slug":"wage-and-hour-division"}],"excerpts":"employment relationship or potential joint employment, regardless of the name used by the third party (\n e.g., \n “fiscal/employer agent,” “Agency with Choice,” “fiscal intermediary,” “employer of record”) or worker (\n e.g., \n “registry worker,” “independent provider,” “<span class=\"match\">independent contractor</span>”). As the Department has repeatedly noted, with respect to exemption status, job titles are not determinative. \n See, e.g., \n § 541.2; FOH 22a04; Wage and Hour Fact Sheet #17A: Executive, Administrative, Professional, Computer and Outside Sales Employees Under the"}]}