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With a brand new court docket submitting, the Monetary Providers Institute and different teams have renewed their battle in opposition to the Labor Division’s unbiased contractor rule, which the division finalized Jan. 9.
The ultimate rule defines whether or not a employee is an worker or unbiased contractor underneath the Honest Labor Requirements Act. FSI has warned that the rule may threaten advisors’ standing as unbiased contractors.
In 2021, underneath the Trump administration, the Labor Division streamlined the unbiased contractor rule. FSI has stated it prefers this model of the rule “due to the readability and safety it supplied unbiased advisors relating to their unbiased contractor standing.”
The Biden Labor Division in 2022 proposed a brand new model of the rule. DOL officers say this model strengthens employee protections and is more true to the intent of the FLSA. Commerce teams together with FSI have been combating the rule in court docket, arguing the division didn’t comply with the legislation in rescinding the 2021 rule.
On Friday, FSI, together with the Coalition for Workforce Innovation, Related Builders and Contractors, and Related Builders and Contractors of Southeast Texas filed a movement for remand within the Fifth Circuit Courtroom of Appeals, resuming the court docket battle, which was halted in June 2022 because the Labor Division requested a keep of enchantment to work on the rule.
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