TBA Law Blog


Posted by: Julia Wilburn on Mar 26, 2026

The U.S. Department of Labor (DOL) recently proposed a rule that would rescind the Biden administration's 2024 independent contractor rule and replace it with a framework modeled on the 2021 rule, re-centering the worker classification analysis on two core factors: the degree of control over work and the worker's opportunity for profit or loss. According to Bloomberg Law, unlike the 2024 rule's six-factor equal-weight analysis, the new proposal treats other considerations as secondary and emphasizes that actual working practices matter more than contractual language. Employers currently face a split landscape, as the DOL has already shifted its enforcement approach away from the 2024 rule, while private plaintiffs can still invoke it in court until it is formally rescinded. The proposal is not yet final — public comments are due by April 28 — and employers using contractor models are advised to review their classification practices, keeping in mind that stricter state laws will continue to apply regardless of the federal outcome.