Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act

What it does

The Department is proposing to rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) currently set forth in 29 CFR part 795 and replace it with the analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA), both of which incorporate the FLSA's scope of employment.

The Wage and Hour Division's summary, as published in the Federal Register.

What it would change

3 parts of Title 29 of the Code of Federal Regulations:

29 CFR 500, 29 CFR 795, 29 CFR 825

Before this

No earlier Federal Register document under regulation identifier 1235-AA46 since Jan. 1, 2025.

What happens next and when

Comments must be received on or before April 28, 2026.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket WHD-2026-0001 on Regulations.gov
• Title 29 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register