Regulatory Update – April 2022

April 28, 2022

Biden administration suffers setbacks on independent contractor policies

The Department of Labor (DOL) in March lost battles in both the courts and Congress in its efforts to reverse
Trump administration policies regarding use of independent contractors. On March 14, a federal judge in Texas
ruled that DOL had violated the Administrative Procedure Act (APA) when it rescinded a January 2021 rule that
sought to clarify the definition of “independent contractor” under the Fair Labor Standards Act (FLSA).

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