From JD Supra, Maury Baskin, Alexander MacDonald, Shannon Meade, and James Paretti, Jr. discuss updates on federal, state, and local matters including the United States Department of Labor’s submission of a proposed rule relating to employee or independent contractor status to the White House Office of Information and Regulatory Affairs. Maury, Alexander, Shannon, and James write:
Proposed Independent Contractor Rule at OIRA
The White House Office of Information and Regulatory Affairs (OIRA) yesterday received a proposed rule from the U.S. Department of Labor’s Wage and Hour Division (WHD) relating to employee or independent contractor status under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA). It is unclear if this proposal is simply a rescission of the Biden administration rule; a rescission of the Biden rule and replacement with a rule from first Trump administration; or something else entirely. Assuming OIRA has no significant changes, the Department can then move ahead and publish the proposed rule. OIRA’s review time can vary widely, but if this proposal is a rescission and/or rescind and replace with a prior Trump rule, we may see a proposed rule for public comment in the near future. WPI will keep clients apprised as we learn more information.
Source: Policy Week in Review – January 9, 2026 | Littler – JDSupra