Regulatory Update – November 2022

November 28, 2022

DOL proposes to reverse Trump-era rule on worker classification under FLSA

The U.S. Department of Labor’s Wage and Hour Division last month proposed a rule to revise WHD’s analysis of
determining worker classification under the Fair Labor Standards Act (FLSA). The notice of proposed
rulemaking (NPRM) does not directly address trucking-specific issues, but it noted that a “high incidence of
misclassification of employees as independent contractors has been documented in agriculture, construction,
trucking, housecleaning, in-home care, stagecraft, and ‘sharing economy’ companies.”

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