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WHDRulemakingWHD-2022-0003

Employee or Independent Contractor Classification Under the Fair Labor Standards Act

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Aug 26, 2024
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closed 1323d ago
U.S. Chamber of Commerce filings
4

Activity

U.S. Chamber of Commerce filed 4 comments on this docket between Oct 20, 2022 and Dec 15, 2022. 269 other organizations filed here. The comment window closed 1323d ago.

What U.S. Chamber of Commerce filed (4)

Dec 15, 2022· Comment from U.S. Chamber of Commerce· WHD-2022-0003-53429

Please see comments from the U.S. Chamber of Commerce opposing the proposed regulation due to its pervasive bias towards finding employee status, its totality of the circumstances approach that will mean businesses will never know whether they have correctly classified someone as an independent contractor, and its various vague and undefined terms that will create confusion and uncertainty for businesses trying to perform classification analyses. The Chamber comments also assert that the rescission of the 2021 rule is unwarranted as the Department of Labor regularly boasts about the high level of back wages it has recovered using that regulation as the basis for enforcement.

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Dec 15, 2022· Comment from U.S. Chamber of Commerce· WHD-2022-0003-53819

Please see comments co-signed by almost 200 associations, chambers of commerce, and businesses. The comments oppose the proposed regulation and make clear how the proposed regulation is biased towards finding employee status, and therefore will upend millions of successful, legitimate independent contractor relationships.

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Oct 27, 2022· Comment from U.S. Chamber of Commerce· WHD-2022-0003-6288

Please see attached request from the U.S. Chamber of Commerce for a second extension of the comment period for another 30 days.

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Oct 20, 2022· Comment from U.S. Chamber of Commerce· WHD-2022-0003-0723

Please see attached request for an extension of the comment period deadline from the U.S. Chamber of Commerce.

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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) — U.S. Chamber of Commerce | OpenPolis