Íæż½ã½ã recently submitted comments on the U.S. Department of Labor (DOL) Wage and Hour Division’s (WHD) proposed rule to establish a new test for determining who is an independent contractor versus an employee under the Federal Labor Standards Act (FLSA). When the proposal is finalized, it would rescind a Trump administration final rule clarifying the standard for employee versus independent contractor status under the FLSA. Íæż½ã½ã opposes the creation of this new standard for independent contractor classification and urged the DOL to withdraw this proposed rule.
Íæż½ã½ã has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry. Íæż½ã½ã supported the Trump administration’s rule that adopted a consistent, clear and common-sense standard for determining independent contractor status under the FLSA and filed comments opposing the DOL move to withdraw the rule. Íæż½ã½ã will keep members apprised of any new guidance regarding the independent contractor status.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.