Coalition Comments on DOL Independent Contractor Rulemaking

The Coalition for Workforce Innovation submitted comments to the U.S. Department of Labor supporting its proposed rule on employee and independent contractor classification under the Fair Labor Standards Act. The coalition argues that the proposal restores clarity and predictability by emphasizing two core factors—worker control and opportunity for profit or loss—when evaluating independent contractor status. The comments also support rescinding the Department’s 2024 rule, which CWI contends created uncertainty and increased classification risk for businesses and independent workers.

The letter highlights research showing the continued growth of independent work, freelancing, and technology-enabled workforce models across the U.S. economy. CWI argues that workforce policy should reflect how individuals increasingly choose flexible work arrangements and entrepreneurial opportunities. The coalition also recommends refinements to the proposed rule's treatment of control, skill, permanence, and other factors used in the economic realities analysis.

A key section of the comments addresses artificial intelligence in the workplace. CWI urges the Department to clarify that providing independent contractors with access to AI tools, AI training, or algorithmic quality monitoring should not automatically be viewed as evidence of an employment relationship. The coalition argues that such guidance would promote innovation, workforce readiness, and broader participation in the AI-enabled economy. Download the full letter to explore the policy recommendations and implications for employers, independent workers, and the future of workforce regulation.