U.S. District Court for the Eastern District of Texas

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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 Rule

Case Updates

U.S. Chamber and coalition file combined opposition to motion to dismiss and cross-motion for summary judgment and reply in support of summary judgment

June 14, 2024

Plaintiffs' Response Brief

U.S. Chamber and coalition file motion for summary judgment in challenge to the Department of Labor’s independent contractor rule

April 17, 2024

Motion for Summary Judgment

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.

Case Documents