Please see the attached comments from the National Association of Home Builders.
WHDRulemakingWHD-2026-0001
Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act
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May 14, 2026
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National Association of Home Builders filings
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National Association of Home Builders filed 1 comment on this docket between Apr 24, 2026 and Apr 24, 2026. 5 other organizations filed here. The comment window closed 91d ago.
What National Association of Home Builders filed (1)
Apr 24, 2026· Comment from National Association of Home Builders· WHD-2026-0001-6428
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.
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