As of early March 2026, the most significant U.S. Department of Labor (DOL) employment regulation is a proposed rule announced on February 26-27, 2026, to overhaul the independent contractor classification standard. This rule seeks to rescind the 2024 “totality-of-the-circumstances” framework and return to a “core factors” economic reality test, prioritizing control and profit/loss opportunity.
The current, more stringent 2024 rule remains in effect until a final 2026 rule is published. Employers should monitor the situation, as stricter state laws (such as in California) may still apply regardless of the federal changes.
The 2026 DOL Rule is waiting for the Federal Register Public Comments as mandated by all Federal laws. You can make your voice heard about the impact this has until April 28, 2026.
Session Highlights:
- Learn why this change was made and what the challenges are for 2026
- Learn how to understand the 2026 independent contractor new rule
- Learn how this proposal still hasn’t been a regulation and what it takes to make it official
- Learn what date the new rule may become effective
- Learn how this decision impacts FMLA, FLSA, and seasonal workers
- Learn how the DOL classification of employee’s vs independent contractors has Employers confused.
- Learn how Public Comments on the Federal Register process can impact the DOL decision
- Learn what the Economic Reality Test is different than the Totality of the Circumstance and who it benefits
- Learn how this initiative is designed to increase predictability for employers
- Learn how the two primary criteria: nature/degree of control and opportunity for profit or loss pertains to Employers
- Learn how our resources and tools can help you mitigate this rule
Why You Should Attend:
Key Differences in the 2026 Proposed Rule vs. the 2024 Rule:
- Core Factors Reinstated: The 2026 proposal brings back the focus on two “core factors” (control and opportunity for profit/loss), prioritizing them over other factors.
- Less Weighted Approach: The 2024 rule used a “totality of the circumstances” approach, giving equal weight to six factors, which often led to more workers being classified as employees.
- Actual Practice vs. Contract: The 2026 proposal emphasizes the “actual practice” of the working relationship, rather than just “reserved contractual rights” as highlighted in the 2024 rule.
- Compliance Neutrality: The 2026 proposal treats actions taken to comply with legal/safety regulations as neutral, unlike the 2024 rule, which could view such requirements as evidence of employment control.
- Simplified Classification: The 2026 proposal aims to reduce ambiguity, potentially reducing litigation and making it more straightforward to classify workers as independent contractors.
Learn how to integrate these factors to establish compliance with the new 2026 rule.
Who Should Attend:
- All Employers
- Business Owners
- Company Leadership
- Compliance professionals
- HR Professionals
- Payroll Administrators
- Professionals identified
- Managers/Supervisors