NCLA Lawsuit Seeks to Set Aside the Department of Labor’s Unlawful New Independent Contractor Rule
Representing the family-owned company Colt & Joe Trucking, NCLA asks the court to overturn this rule, which leaves small businesses like theirs completely unable to hire independent contractors without risking FLSA liability.
- Representing the family-owned company Colt & Joe Trucking, NCLA asks the court to overturn this rule, which leaves small businesses like theirs completely unable to hire independent contractors without risking FLSA liability.
- The Labor Department previously maintained a 2021 rule that generally allowed businesses to classify workers as independent contractors if they exercised independent judgment and control over their work and could profit as a result.
- NCLA released the following statements:
“The Department is replacing a simple standard for determining whether a worker is an independent contractor or employee under the Act with a vague and indecipherable one. - Rather than clarify the law, this rule seeks to obtain a political goal Congress did not adopt when enacting the FLSA, namely dramatically reducing the number of independent contractors.”