{"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.","action":"Notice of proposed rule; request for comments.","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"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2026/02/27/2026-03962.html","cfr_references":[{"chapter":null,"citation_url":null,"part":"500","title":29},{"chapter":null,"citation_url":null,"part":"795","title":29},{"chapter":null,"citation_url":null,"part":"825","title":29}],"citation":"91 FR 9932","comment_url":null,"comments_close_on":"2026-04-28","correction_of":null,"corrections":[],"dates":"Comments must be received on or before April 28, 2026.","disposition_notes":null,"docket_ids":["Docket No. WHD-2026-0001"],"dockets":[{"supporting_documents":[],"agency_name":"WHD","documents":[{"comment_count":16522,"comment_start_date":"2026-02-27","updated_at":"2026-05-06T01:58:29.927-04:00","comment_url":"https://www.regulations.gov/commenton/WHD-2026-0001-0001","allow_late_comments":false,"id":"WHD-2026-0001-0001","comment_end_date":"2026-04-29","regulations_dot_gov_open_for_comment":false}],"supporting_documents_count":0,"id":"WHD-2026-0001","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"}],"document_number":"2026-03962","effective_on":null,"end_page":9976,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2026/02/27/2026-03962.xml","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","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/2026-03962?publication_date=2026-02-27","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2026-02-27/2026-03962/mods.xml","not_received_for_publication":null,"page_length":45,"page_views":{"count":12663,"last_updated":"2026-10-28 16:15:03 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-02-27/pdf/2026-03962.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-03962.pdf?1772113515","publication_date":"2026-02-27","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2026/02/27/2026-03962.txt","regulation_id_number_info":{"1235-AA46":{"issue":"202504","html_url":"https://www.federalregister.gov/regulations/1235-AA46/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act","title":"Employee or Independent Contractor Classification Under the Fair Labor Standards Act","xml_url":"http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1235-AA46&operation=OPERATION_EXPORT_XML","priority_category":"Economically Significant"}},"regulation_id_numbers":["1235-AA46"],"regulations_dot_gov_info":{"supporting_documents":[],"regulatory_plan":{"html_url":"https://www.federalregister.gov/regulations/1235-AA46/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act","title":"Employee or Independent Contractor Classification Under the Fair Labor Standards Act"},"comments_count":16522,"agency_id":"WHD","comments_url":"https://www.regulations.gov/docketBrowser?rpp=50&so=DESC&sb=postedDate&po=0&dct=PS&D=WHD-2026-0001","supporting_documents_count":0,"docket_id":"WHD-2026-0001","document_id":"WHD-2026-0001-0001","regulation_id_number":"1235-AA46","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","checked_regulationsdotgov_at":"2026-05-07T03:55:03Z"},"regulations_dot_gov_url":null,"significant":true,"signing_date":null,"start_page":9932,"subtype":null,"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","toc_doc":"Employee or Independent Contractor Status under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act","toc_subject":null,"topics":["Administrative practice and procedure","Airmen","Aliens","Employee benefit plans","Employment","Health","Health insurance","Housing","Insurance","Intergovernmental relations","Investigations","Labor management relations","Licensing and registration","Maternal and child health","Migrant labor","Motor vehicle safety","Occupational safety and health","Penalties","Pensions","Reporting and recordkeeping requirements","Teachers","Wages","Whistleblowing"],"type":"Proposed Rule","volume":91}