Legal & Compliance27 min read
The Department of Labor's New Independent Contractor Rule (2026)
The right way to operate right now is simple: treat the DOL action as a live proposal, not settled law. The Wage and Hour Division published a Notice of Proposed Rulemaking on 02/27/2026 for worker status under the Fair Labor Standards Act, listed as RIN 1235-AA46. The proposal says WHD would rescind the analysis now codified at 29 CFR part 795 and return to the Department's 2021 approach, with modifications. It also proposes using the same analysis when FMLA or MSPA coverage is in play.
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