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White House Concludes Review of Final Rule Making It Harder to Misclassify Construction Workers as Independent Contractors

The White House Office of Information and Regulatory Affairs (OIRA) announced that it has concluded its review of the Department of Labor’s (DOL) SWACCA-supported final rule that would rescind the prior Administration’s regulation that made it easier to classify employees in the construction industry and across the economy as independent contractors—especially if they got work through an online platform. The final independent contractor rule reinstates well-understood standards grounded in 60 years of judicial precedents that SWACCA urged the Labor Department to reinstate because they are easier to apply and will make it harder for employers to claim their workers are independent contractors. 

SWACCA has long opposed the prior revisions to the DOL independent contractor rule, and has consistently advocated for its rescission including in comments submitted in March 2021. SWACCA has also engaged in subsequent lobbying and advocacy in support of the forthcoming independent contractor rule, including submitting comments in November 2022 and pressing for this rule to be finalized.

The conclusion of OIRA review is typically the final step before an item is published in the Federal Register.

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