On April 26, 黑料不打烊 of America and other business groups jointly filed a friend-of-the-court amicus brief urging a federal district court in Texas to declare unlawful a significant U.S. Department of Labor (DOL) final rule (2024) revising the standards for analyzing who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule took effect March 11, 2024, and rescinded the Trump administration final rule (2021), replacing it with a more complex analysis for determining employee or independent contractor status.
The fate of the rule is uncertain. Recently filed lawsuits claim the DOL rulemaking is arbitrary and capricious, an abuse of discretion, and exceeds the agency鈥檚 statutory authority under the FLSA.
In support of the legal challenges to the rule, the 黑料不打烊-supported explains why the regulation fails to provide 鈥渇air notice鈥 of the conduct necessary to avoid liability, including civil monetary penalties. The brief also explains why the 2024 rule does not derive from a reasoned analysis of statutory text and legislative intent.
In addition to the lawsuits, Congress introduced 黑料不打烊-supported resolutions to overturn the independent contractor final rule. The legislative effort is meant to complement the legal challenges which is the strongest effort to block the rule.
黑料不打烊 has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry. 黑料不打烊 submitted comments to DOL on the proposed rule, opposing the creation of this new standard and urging DOL to withdraw the proposal. 黑料不打烊 supported the Trump administration鈥檚 rule that adopted a consistent, clear and common-sense standard for determining independent contractor status under the FLSA and filed comments opposing DOL鈥檚 move to withdraw that rule.
黑料不打烊鈥檚 involvement in this case was made possible thanks to your contributions to the . 黑料不打烊 will keep you updated on all lawsuits and congressional action related to this rule.