Public Comment
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United StatesLabor

The Department of Labor proposed a 2026 rule to clarify employee versus independent contractor status under federal wage-and-hour law. The proposal would rescind the 2024 rule and use an “economic reality” test focused on whether a worker is in business for themselves or economically dependent on the company for work. This affects gig work, trucking, home services, health care, creative work, and small businesses. The public question is how to prevent misclassification without eliminating legitimate independent work. The rule should not let companies call someone a contractor just to skip wages and protections. But it also should not crush people who genuinely run their own work.

How should federal labor rules decide when workers are employees instead of independent contractors?

Overall results

1
57% support · excluded by 4%
3

Adults should be allowed to contract for work without Washington rewriting the relationship every few years.

2
56% support · excluded by 8%
8

Safe harbors are fine if they are real, not loopholes. The line should protect workers who depend on one company for a living.

7

The goal should be administrable categories that reduce litigation and still catch intentional evasion.

3
47% support · excluded by 6%
7

Small firms need a rule they can actually apply before hiring help. Unclear tests punish honest businesses too.

7

The same rule has to cover app drivers, nurses, builders, and freelancers. A multi-factor test is messy, but work itself is messy.

4
40% support · excluded by 10%
3

If a company controls the prices, rules, ratings, and access to work, calling the worker independent is mostly paperwork.

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Anonymous

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