Department of Labor Proposes New Independent Contractor Rule
The U.S. Department of Labor (DOL) has announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors.
In a press release, the DOL said its proposed rule:
- Adopts an “economic reality” test to determine a worker’s status as an FLSA employee or an independent contractor. The test considers whether a worker is in business for himself or herself (independent contractor) or is economically dependent on a putative employer for work (employee);
- Identifies and explains two “core factors,” specifically the nature and degree of the worker’s control over the work, and the worker’s opportunity for profit or loss based on initiative and/or investment. These factors help determine if a worker is economically dependent on someone else’s business or is in business for himself or herself;
- Identifies three other factors that may serve as additional guideposts in the analysis: the amount of skill required for the work; the degree of permanence of the working relationship between the worker and the potential employer; and whether the work is part of an integrated unit of production; and
- Advises that the actual practice is more relevant than what may be contractually or theoretically possible in determining whether a worker is an employee or an independent contractor.
NAHB has called on DOL to take steps to provide greater clarity to employers and workers in light of the often conflicting federal tests that exist to determine who is an employee and who is an independent contractor.
The proposed rule would also provide more clarity to shield more employers from misclassification claims, which occur when an employer incorrectly defines a worker as an independent contractor rather than an employee.
NAHB will review the rule in more detail once it is published in the Federal Register, and interested parties will have 30 days to submit comments.
For more information, contact David Jaffe.
Latest from NAHBNow
Apr 03, 2026
NAHB’s Monthly Update Features a Codes Victory and Economic SnapshotThe talking points this month feature news related to federal energy code mandates and the current economic conditions for the housing industry.
Apr 02, 2026
Call Before You Dig: 6 Key Steps to Prevent Utility Strikes on the JobsiteApril’s National Safe Digging Month is a timely reminder for builders, contractors and trade partners to prioritize one of the most critical and often overlooked jobsite safety practices: preventing utility strikes.
Latest Economic News
Apr 03, 2026
Job Growth Rebounds in MarchThe U.S. labor market showed signs of a modest rebound in March following a weak February, as payroll employment increased and the unemployment rate edged down to 4.3%. Job growth was led by healthcare, construction, and transportation and warehousing.
Apr 02, 2026
Iran Conflict Reverses Decline in Mortgage RatesMortgage rates, which dipped below 6% in February, climbed back up to end the month just under 6.4%. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.18% in March, 13 points (bps) higher than February. The average 15-year rate also increased by the same amount to 5.56%. Despite the recent increase, both rates remain lower than a year ago by 47 bps and 27 bps, respectively.
Apr 01, 2026
Consumer Confidence Climbs Despite Oil Price SurgeConsumer confidence in March rose to a three-month high as consumers’ improved view of current business and labor market conditions outweighed weaker future expectations.