Department of Labor Releases Final Independent Contractor Rule
The U.S. Department of Labor (DOL) announced a final rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. While the rule will make it easier for businesses to classify workers as independent contractors, it is still unclear if it will ultimately be implemented by the incoming Biden administration.
The final rule would provide more clarity to employers in determining whether a worker is an independent contractor or an employee under the FLSA. 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, and has urged further action to harmonize the definition of “employee” across all relevant statutes.
NAHB is pleased that at our request the new rule includes specific examples of how it would relate to the construction industry.
Though the rule is intended to take effect 60 days after it is published in the Federal Register, the DOL under the new Biden administration could delay the effective date and support legal challenges to keep the rule from being implemented.
The DOL’s final independent contractor rule as issued today still relies on an economic realities test to determine employment status, but adopts a more streamlined five-factor approach.
Two “core factors” are given greater weight in making this determination -- the nature and degree of the employer’s control over the work, and the worker’s opportunity for profit or loss based on personal 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.
The three other factors that may serve as additional guideposts in the analysis are 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.
The final rule will be published in the Federal Register on Jan. 7 and be effective on March 8, 2021.
For more information contact NAHB’s David Jaffe at 800-368-5242 x8317 or Alexis Moch at x8407.
Latest from NAHBNow
Jun 22, 2026
NAHB Awards Program Now Accepting ApplicationsThe National Association of Home Builders (NAHB) has announced its awards program application submission period is now open through September 21 (unless noted otherwise below). NAHB’s awards program highlights the outstanding work and accomplishments of housing professionals across multiple disciplines.
Jun 19, 2026
Watch Video Highlights from 2026 Spring Leadership MeetingsNAHB members who were unable to join us in Washington, D.C., for the 2026 Spring Leadership Meetings can watch some of the highlights on nahb.org, including social media downloads for key highlights.
Latest Economic News
Jun 22, 2026
Structural Demand Outpacing Supply: Jobs-to-Permits Ratios Highlight Housing GapStrong labor market growth continued to put pressure on the nation’s housing supply in 2024, as home building activity did not fully keep pace with demand driven by job gains. Comparing net new jobs with prior-year permitting activity helps show whether the pace of housing construction is keeping up with potential household formation and broader economic growth.
Jun 18, 2026
Gains for Household Real Estate AssetsThe market value of households’ real estate assets rose to a new high in the first quarter reaching $48.7 trillion, according to the most recent release of U.S. Federal Reserve Z.1 Financial Accounts. This level is 1.7% higher than in the fourth quarter and is 2.6% higher than a year ago.
Jun 17, 2026
A Laconic Statement: Hawkish Hold and New Plans from the FedWith a new Fed Chair and plans for evolving operating strategies, the Federal Reserve maintained its target policy rate at the conclusion of the June Federal Open Market Committee (FOMC) meeting. For the fourth consecutive meeting, the FOMC maintained the short-term federal funds rate at a top rate of 3.75%.