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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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National Federation of Independent Business filings
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National Federation of Independent Business 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 Federation of Independent Business filed (1)

Apr 24, 2026· Comment from National Federation of Independent Business, Inc.· WHD-2026-0001-6427

National Federation of Independent Business (NFIB) comment letter of April 22, 2026, in response to U.S. Department of Labor Wage and Hour Division notice of proposed rulemaking titled "Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act," WHD-2026-0001, RIN 1235-AA46, 91 Fed. Reg. 9932 (February 27, 2026), is attached.

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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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Co-filers (5)

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