The tracking page for the Office of Information and Regulatory Affairs (OIRA)—within the Office of Management and Budget—reflects that on January 7, 2026, OIRA received a regulatory submission from the U.S. Department of Labor, Wage and Hour Division (DOL) relating to the proposed rule entitled “Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act.”
The receipt of the regulatory submission at this stage reflects the agency’s pre-publication submission for review, which typically consists of a draft notice of proposed rulemaking and accompanying materials, such as DOL’s economic analysis or Regulatory Impact Analysis and internal policy memoranda, submitted for White House and interagency review. Following the receipt of tte submission, OIRA conducts interagency review and coordinates any requested revisions; outside stakeholders may request meetings during the review period; and, once OIRA concludes its review, DOL may publish the Notice of Proposed Rulemaking (NPRM) in the Federal Register and open a public comment period.
This activity suggests that the Trump administration is moving forward with rescinding the 2024 Biden administration rule governing the classification of workers as employees or independent contractors and replacing it with its own rule. The site states “The Department intends to rescind the 2024 IC rule and is considering how it will proceed with respect to independent contractor classification under the FLSA employee or under the FLSA.”
Source: Pending EO 12866 Regulatory Review
Source: View Rule