On February 26, 2026, the U.S. Department of Labor (DOL) released a proposed rule to modify the analysis for determining independent contractor status under the Fair Labor Standards Act (FLSA). The proposal would rescind and replace a 2024 Biden-era final rule on independent contractor classification, returning to an analysis substantially similar to the analysis established in 2021 during the first Trump administration, which is considered to be much more pro-business.
