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WHDRulemakingWHD-2022-0003

Employee or Independent Contractor Classification Under the Fair Labor Standards Act

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closed 1323d ago
National Association of Home Builders filings
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National Association of Home Builders filed 2 comments on this docket between Oct 13, 2022 and Dec 15, 2022. 269 other organizations filed here. The comment window closed 1323d ago.

What National Association of Home Builders filed (2)

Dec 15, 2022· Comment from National Association of Home Builders· WHD-2022-0003-52642

Filed on regulations.gov — full text not in the inline record.

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Oct 13, 2022· Comment from National Association of Home Builders· WHD-2022-0003-0006

Please see the attached letter submitted on behalf of the National Association of Home Builders of the United States requesting a sixty (60) day extension of the current deadline for submitting written comments in response to the Wage and Hour Division's (WHD) notice of proposed rulemaking (NPRM), "Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA)," that was published in the Federal Register on Oct. 13, 2022 (Docket No. WHD-2022-0003, 87 Fed. Reg. 62,218).

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Abstract

On January 7, 2021, the Department of Labor (Department) published a final rule on the classification of independent contractors under the Fair Labor Standards Act (FLSA). See 86 FR 1168 (2021 IC Rule). The Department subsequently published final rules to delay and withdraw the 2021 IC Rule on March 4, 2021, and May 6, 2021, respectively. See 86 FR 12535 (Delay Rule); 86 FR 24303 (Withdrawal Rule). On March 14, 2022, a district court in the Eastern District of Texas vacated the Department’s Delay and Withdrawal Rules, concluding that the 2021 IC Rule became effective as of March 8, 2021. The Department continues to believe that the 2021 IC Rule does not fully comport with the FLSA’s text and purpose as interpreted by courts and has proposed to rescind the 2021 IC rule and set forth an analysis for determining employee or independent contractor status under the Act that is more consistent with existing judicial precedent and the Department’s longstanding guidance prior to the 2021 IC rule.

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Co-filers (269)

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Employee or Independent Contractor Classification Under the Fair Labor Standards Act (WHD) — National Association of Home Builders | OpenPolis