National Retail Federation
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

RIN
Last modified
May 14, 2026
Comment window
closed 91d ago
National Retail Federation filings
1

Activity

National Retail Federation filed 1 comment on this docket between Apr 28, 2026 and Apr 28, 2026. 5 other organizations filed here. The comment window closed 91d ago.

What National Retail Federation filed (1)

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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