AGC filed comments opposing the U.S. Department of Labor (DOL) Wage and Hour Division’s (WHD) recent proposals to withdrawal the Independent Contractor status and rescind the Joint Employer definition under the Fair Labor Standards Act (FLSA). AGC supports the Trump administration’s previous revisions to both rules, opposes these recent DOL actions and fully expects the opportunity to provide public input on any future revision or adoption of guidance regarding either rule.
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. Likewise, AGC has also called for the adoption of a consistent, common-sense standard for determining joint employer status under the FLSA (Part 791) and supports the acknowledgment that the facts of the relationship between the employee and the employer should govern the joint employer determination, not the structure of the relationship between purported joint employers or business-to-business partners.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.