DOL proposes new independent contractor rule; industry is ‘encouraged’
The Department of Labor on Thursday unveiled a proposed rule aimed at clarifying how businesses and workers determine whether a job qualifies someone as an independent contractor or an employee under federal labor laws.
The rule, announced by the department’s Wage and Hour Division, would rescind a 2024 rule finalized under the Biden administration and replace it with an updated framework that echoes earlier standards used before 2024.
Under the proposal, a worker’s status would be evaluated using an “economic reality” test focused on factors such as how much control a business has over the work and a contractor’s opportunity for profit or loss.
The test is intended to help distinguish workers who are truly independent from those economically dependent on an employer — and therefore entitled to protections such as minimum wage and overtime under the Fair Labor Standards Act.
The National Association of Insurance and Financial Advisors is "encouraged" by the rule after years of back and forth, said CEO Kevin Mayeux.
"Many financial advisors operate locally as small business owners, employing others on their staff, and serving the members of their communities," Mayeux said in a statement. "Reclassifying them as employees rather than independent contractors would have threatened their ability to best serve their clients and to ensure that their small businesses can operate efficiently."
NAIFA lobbied for many years for an independent contractor rule that would allow its members to operate as they have for years. Mayeux criticized the 2024 rule as harmful for members.
"Among other harms, an analysis which is ambiguous or perceived as too restrictive of independent contracting can deter businesses from engaging with bona fide independent contractors or induce them to unnecessarily classify such individuals as employees," he said.
Applies to other laws
The proposed rule also would apply the same criteria to other federal laws that rely on the FLSA’s definition of “employ,” including the Family and Medical Leave Act and protections for agricultural workers.
The change would help preserve the “entrepreneurial spirit” of independent workers while simplifying compliance for employers, said Labor Secretary Lori Chavez-DeRemer, particularly in sectors that rely heavily on contractor labor such as gig platforms, trucking and healthcare.
Dale Brown, president and CEO of the Financial Services Institute, echoed the need to preserve the independent contractor option for financial services.
"Our members have chosen the independent contractor model -- many making the switch from an employee model -- so that they can build their own businesses and better serve their clients," Brown said. "It is crucial that advisors’ ability to choose the business model that best meets their professional goals and their clients’ needs is preserved."
Other business groups have welcomed the move, arguing that the 2024 rule created confusion and litigation risk for employers. The American Trucking Associations praised the proposal as a step toward protecting the livelihoods of independent truckers.
Opponents of rolling back the stricter 2024 standard say doing so could weaken worker protections and make it easier for employers to classify workers as contractors instead of employees, potentially reducing wage and benefit safeguards.
The public has 60 days to comment on the proposed rule, with the comment period scheduled to close April 28.
Analysts say the outcome could have wide-ranging implications for millions of workers, especially in the gig economy, and signal a significant shift in federal labor policy.


How might carriers respond to drop in ACA enrollment?
Life insurance apps hit all-time high in January, double-digit growth for 40+
Advisor News
- How much could failure to fund Social Security cost average Americans?
- How can more Americans achieve financial independence?
- Savers vs. spenders: How money management attitudes impact financial confidence
- Demonstrating the value of life insurance to Gen Z
- Poor money habits are a dealbreaker in a new relationship
More Advisor NewsAnnuity News
- Canvas steps into the direct-to-consumer market that has yet to take off
- The next growth phase in life/annuities depends on modernization
- CA judge certifies class action in teachers’ lawsuit over in-plan annuity fees
- Globe Life Inc. (NYSE: GL) Records 52-Week High Thursday Morning
- AM Best Managing Director Joins ‘Target Topics’ Podcast to Discuss State of Delegated Underwriting Authority Enterprises Market
More Annuity NewsHealth/Employee Benefits News
- Iowa health insurers propose premium increases for ACA customers
- Atrium pushes back after State Health Plan leaves healthcare network out of Tier 1
- BUILDING A COMPETITIVE BENEFITS PACKAGE IN 7 EASY WAYS
- People with this Medicare plan could soon go out-of-network at UHealth hospitals
- Findings from Yonsei University Advance Knowledge in Demography (Different Understandings of Scientific Research in the Use of De-identified Personal Sensitive Data: South Korea, in Comparative Perspectives): Science – Demography
More Health/Employee Benefits NewsLife Insurance News
- Best’s Market Segment Report: AM Best Maintains Stable Outlook on South Korea’s Non-Life Insurance Market
- Horace Mann Strengthens Customer Relationships and Accelerates Long-Term Growth Through Transactions with Medical Mutual of Ohio
- Regulators: ‘No firm conclusions’ from first offshore reinsurance filings
- Allianz Life Study Finds Americans Struggle to Shift From Retirement Saving to Spending
- The next growth phase in life/annuities depends on modernization
More Life Insurance News