The Biden-era independent contractor rule has withstood yet another challenge, so it remains in effect, although the Trump Administration may eventually revisit this rule.
Littman v. U.S. Department of Labor involves two freelance writers who challenged the Labor Department’s 2024 independent contractor rule. The rule applies a six-part economic reality test that makes it more likely that workers will be classified as employees rather than independent contractors under the Fair Labor Standards Act. The writers claimed that the contractor rule harmed their work prospects. The U.S. District Court for the Middle District of Tennessee dismissed the case, finding that the writers failed to show that businesses altered their practices in response to the rule.
So far, DOL has successfully defended the independent contractor rule. Three cases are on appeal after federal district courts dismissed challenges to the rule: Colt & Joe Trucking v. DOL in the Tenth Circuit; Warren v. DOL in the Eleventh Circuit; and Frisard’s Transportation v. DOL in the Fifth Circuit. Another case — Coalition for Workforce Innovation v. Walsh — is pending in a federal district court in Texas.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.