Roundup: Employer resources on DOL’s proposed independent contractor rule 

On February 26, 2026, the Department of Labor (DOL) proposed rules to revise its analysis for distinguishing between employees and independent contractors under the Fair Labor Standards Act. The DOL proposes to rescind a 2024 rule issued by the Biden administration that it no longer applies in its investigations and replace it with the earlier streamlined analysis applied by the first Trump administration.

To provide employers with information about the proposal and the varying aspects and issues to consider, this roundup provides links to government information, third-party analyses, news articles, and viewpoints. The aggregated content in each section is organized in reverse chronological order and is by no means comprehensive. The content also does not necessarily reflect Mercer’s or the authors’ point of view on the subject.

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