A federal Judge in Texas recently ruled that the Biden administration’s U.S. Department of Labor (DOL) Wage and Hour Division (WHD) DOL violated the Administrative Procedure Act (APA) when promulgating both the Delay and Withdrawal Rules. The ruling effectively reinstates the Trump rule dating back to March 2021. AGC has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry. AGC supported the Trump administration’s rule that adopted a consistent, clear and common-sense standard for determining independent contractor status under the FLSA and filed comments opposing the DOL move to withdraw the rule. AGC will keep members apprised of any new developments and fully expects to participate in any future revision or adoption of guidance regarding the independent contractor status.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.