The U.S. Department of Labor has published a Notice of Proposed Rulemaking to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. The proposed rule would provide guidance on classifying workers and seeks to combat employee misclassification. Misclassification is a serious issue that denies workers’ rights and protections under federal labor standards, promotes wage theft, allows certain employers to gain an unfair advantage over law-abiding businesses, and hurts the economy at-large. Individuals may submit comments, identified by Regulation Identifier Number (RIN) 1235-AA43, by either of the following methods:

  • Electronic Comments: Submit comments through the Federal eRulemaking Portal at Follow the instructions for submitting comments.
  • Mail: Address written submissions to Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, Washington, DC 20210.

Anyone submitting comments should submit only one copy of your comments by only one method. Of the two methods, the Department strongly recommends that commenters submit their comments electronically via to ensure timely receipt prior to the close of the comment period, as the Department continues to experience delays in the receipt of mail. All comments must be received by 11:59 p.m. ET on November 28, 2022, for consideration in this rulemaking; comments received after the comment period closes will not be considered.