DOL Proposes New Definition for Independent Contractors

Last week, the Department of Labor (DOL) simultaneously proposed rescinding the Trump-era independent contractor rule while proposing a new rule that aims to “return to a totality-of-the-circumstances” analysis instead of the current, looser, Trump-era definition differentiating independent contractors versus direct employees which relied more on an employer’s direct control over a worker and the worker’s individual ability to control their own work. Currently, the Trump-era rule remains in effect.

The comment period for the proposal will remain open for 45 days. NRMCA will submit comments in opposition to the proposal while engaging with like-minded stakeholders and continuing to advocate for beneficial industry outcomes.

Click here to review the DOL press release on the proposal and here to review the proposed rule. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.

National Ready Mixed Concrete Association