DOL Contractor Rule

Wayne Schooling • March 3, 2025

In the waning days of the first Trump administration, the U.S. Department of Labor (DOL) finalized a regulation establishing the test to be used by DOL to determine whether a worker is an independent contractor or employee under the Fair Labor Standards Act, which governs overtime and minimum wage. That regulation set forth a multi-factor test that emphasized two core factors that made the determination more predictable. The Biden administration replaced the DOL regulation with an equally weighted, multi-factor test but included commentary that leans toward a finding of employee status.

President Trump’s Secretary of Labor nominee will take over at a time where the newer Biden administration rule is embroiled in legal challenges. The President may have multiple paths toward reinstituting a simpler, more predictable test favored by businesses.

NorthAmerican Transportation Association will keep you abreast of any new changes,

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