Education and Labor Committee Republican Leader Virginia Foxx (R-NC) and Workforce Protections Subcommittee Republican Leader Fred Keller (R-PA) sent a letter to Department of Labor (DOL) Secretary Marty Walsh to ensure that the Wage and Hour Division (WHD) is providing proper guidance under the Fair Labor Standards Act (FLSA) for independent contractors:
The Members write: “During the Trump administration, DOL published a final rule updating the standard for determining whether an individual is classified as an independent contractor or as an employee under the FLSA, providing workers and businesses with greater clarity and certainty…”
The Members continue: “Within less than a week of taking office, the Biden administration demonstrated its open hostility to workers who choose to be independent contractors. On January 26, 2021, the Biden administration withdrew the two opinion letters. Furthermore, it hastily and unnecessarily attempted to delay and withdraw the Trump administration rule on the classification of independent contractors in May 2021 without providing workers and other stakeholders with sufficient opportunity to engage in the rulemaking process.”
The Members conclude: “Workers and businesses need guidance from WHD that accurately reflects federal policies. With the court’s reinstatement of the Trump administration rule, the two opinion letters on independent contractors noted above should also be reinstated.”
Original source can be found here.
