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Public Comment Period Open Regarding USDOL Independent Contractor Rule Change

Earlier this year, the U.S. Department of Labor (“USDOL”) announced a rule change to the Fair Labor Standards Act under RIN 1235-AA34. This rule change would adopt a straightforward “economic realities test” in determining whether an individual should be classified as an employee or independent contractor under federal law.  This new test would be favorable for owner-operators who want to be classified as independent contractors, and for the intermodal industry that works with owner-operators.

However, the USDOL now intends to withdrawal this rule change.  The general public may voice its opinion to the DOL about this withdrawal by submitting comments on the Federal Register here.

Click on  “Submit a Formal Comment” on the right side of the page to have your voice heard.  The deadline to submit a comment is Monday, April 12, 2021. 

The Intermodal Association of North America submitted a letter to the USDOL opposing the withdrawal of this rule change.

This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.


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