U.S. Dept. of Labor – Changes to Fair Labor Standards Act

Comments Due October 26th

 The Bi-State strongly supports these proposed changes, which  will provide clarity on how to classify an Independent Contractor vs. an Employee

The U.S. Department of Labor recently announced that they are considering changes to the Fair Labor Standards Act that would clarify the criteria for determining Independent Contractor status, and update the classification criteria in a way that is more modern than the existing standard. They are proposing a list of five “factors” to consider when determining employment status, with the first two factors weighing most heavily (see details below and attached).  This clarity will be beneficial to the intermodal trucking industry at the Port of NY & NJ, which relies heavily on Independent Owner Operator drivers.

The comment period to express support for these changes is now open; comments MUST be received by October 26, 2020.

You can read more about the proposed changes at the USDOL website.

You can also read more about it in this article from Fleet Owner.

To submit comments in support of the proposed FLSA changes*, choose one of the following:

— SUBMIT COMMENTS ELECTRONICALLY Go to the Federal eRulemaking Portal at the following link and follow the instructions for submitting your comments: https://www.regulations.gov/document?D=WHD-2020-0007-0001

— MAIL YOUR COMMENTS Comments can be mailed to the Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Dept. of Labor, Room S-3502, 200 Constitution Avenue, N.W., Washington, D.C. 20210.