The Biden administration and organized labor say a newly proposed rule reframing how employers determine whether a worker is an employee or an independent contractor should create more consistency for employers and reduce intentional employee misclassifications, but construction industry groups say the proposal would create more, not less, confusion in determining employment status.
The proposed rule, which the U.S. Dept. of Labor published on Oct. 13, would rescind a Trump-era 2021 change in how workers are classified.