Forum
U.S. District Court for the Eastern District of Texas
Case Status
Pending
Docket Number
Additional Information
U.S. Chamber Challenges DOL’s Independent Contractor Rule That Creates Uncertainty, Employee Bias U.S. Chamber Joins Coalition Lawsuit Challenging DOL’s Independent Contractor RuleCase Updates
U.S. Chamber and coalition file motion for summary judgment in challenge to the Department of Labor’s independent contractor rule
April 17, 2024
U.S. Chamber joins the Coalition for Workforce Innovation’s lawsuit over the Department of Labor’s (DOL) new independent contractor rule
March 05, 2024
The lawsuit challenges DOL’s new test for classifying employees and independent contractors under the Fair Labor Standards Act.
The new rule replaces the 2021 rule's framework, which designated two "core factors"—control over work and opportunity for profit or loss—with a more indeterminate six-factor test to assess whether a worker is an employee or an independent contractor. Under the new test, businesses and employers—especially small businesses—will face confusion and uncertainty when trying to determine whether they have properly classified their workers.
DOL's new rule also threatens the independent contractor model, which allows companies to scale operations up or down, and to retain expertise as needed while providing workers with flexibility and control of their work activities.
Along with the U.S. Chamber and the Coalition for Workforce Innovation, this lawsuit includes co-plaintiffs: the Associated Builders and Contractors, Associated Builders and Contractors of Southeast Texas, American Trucking Associations, Financial Services Institute, National Federation of Independent Business, and National Retail Federation.
The full complaint can be viewed here.
Robert F. Friedman and Maurice Baskin of Littler Mendelson, P.C. served as outside counsel, along with Eugene Scalia, Jason J. Mendro, and Andrew G.I. Kilberg of Gibson, Dunn & Crutcher LLP.