Posts tagged Independent Contractor Rule

    Commentary: Freelancers are not victims. Federal regulations should stop victimizing us

    April 7, 2026 // The Trump 2026 IC rule follows the framework of the Trump 2021 IC rule, but applies modifications to the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Workers Protection Act (MSPA). The modifications narrow previously broad language on what constitutes an “employee,” while delineating that independent contractors are not employees. The 2026 IC rule further nullifies the six-factor “economic reality” test housed in the 2024 Biden IC rule.

    Op-ed: LABOR SEC CHAVEZ-DEREMER: Our plan to rescind the Biden independent contractor rule

    March 15, 2026 // In that spirit, the Department of Labor’s Wage and Hour Division released a proposed rule that provides clarity to help workers and employers alike determine when a worker is properly classified as an independent contractor and when that worker is an employee owed rigorous protections under the Fair Labor Standards Act (FLSA). In proposing this rule, we celebrate the decisions of Americans who choose to test their entrepreneurial spirit — the same spirit on which our country was founded 250 years ago.

    Vernuccio, Institute For The American Worker on The William Wallis for America Show

    March 10, 2026 // Vernuccio, Institute For The American Worker on The William Wallis for America Show Vinny Vernuccio is the President of The Institute For The American Worker. In this interview at The Pelican Institutes Solutions Summit he talks about legislative ideas he is working on in DC to help the average American Worker.

    Commentary: The Uber Narrative

    March 2, 2026 // This policy issue isn’t primarily about Uber, no matter how many media outlets try to frame it that way. It’s about us all, and about whether we are going to allow our government to restrict our freedom to be entrepreneurial.

    DOL moves to loosen independent contractor regulations

    February 27, 2026 // The rule would replace the Biden-era “totality-of-the-circumstances” framework used to determine whether a worker was an independent contractor or an employee. At the time, SHRM said the 2024 rule “fosters ambiguity, deterring businesses from extending essential training to independent workers, a detrimental scenario for both parties involved.”

    Kim Kavin Commentary: It’s Not There

    January 22, 2026 // New Jersey's Office of Administrative Law confirms that Governor Murphy's independent-contractor rule is not adopted, as Governor Sherrill takes over.

    New Jersey: ACR177 Joins SCR138

    December 12, 2025 // New Jersey Assemblywoman Vicky Flynn has introduced Assembly Concurrent Resolution 177, which is a companion to Senate Concurrent Resolution 138 that Senator Declan O’Scanlon introduced last month. ACR177 and SCR138 would declare the proposed independent-contractor rule at the New Jersey Department of Labor & Workforce Development inconsistent with legislative intent.

    GSI, Kavin Give More Reasons for NJDOL to Abandon Independent Contractor Rule

    November 3, 2025 // despite more than 99% of opposing comments to it, there were two new developments this week to show even more reasons why the effort should be abandoned. A new analysis from the Garden State Initiative showed how the rule would effectively threaten the livelihoods of thousands of freelancers, caregivers, and small business owners across the state. The report, Independent Contractor Rules Threaten New Jersey’s Small Businesses and Jobs: Lessons from California’s Failed Approach, said the rule would disproportionately affect “women and men with young children who rely on flexible hours,” retirees supplementing their income, and “immigrants and minorities, many who use gig work as a first step into the American workforce.”