National Federation of Independent Business filed 1 comment on this docket between Dec 12, 2022 and Dec 12, 2022. 269 other organizations filed here. The comment window closed 1323d ago.
National Federation of Independent Business (NFIB) comment letter of December 10, 2022, to U.S. Department of Labor/WHD in response to Notice of Proposed Rulemaking titled "Employee or Independent Contractor Classification Under the Fair Labor Standards Act," RIN 1235-AA43, 87 Fed. Reg. 62218 (October 13, 2022), is attached.
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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