Submit a comment to the Department of Labor to protect workers from misclassification!

The Department of Labor has proposed a rulemaking to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. The Fair Labor Standards Act (FLSA) is one of our nation’s fundamental worker protection laws. The FLSA gives important protections to workers who are considered employees, but not to independent contractors.

The way in which a worker is classified has serious implications and costs for their labor rights and their economic security. When an employer misclassifies a worker as an independent contractor, the employer robs that worker of the basic protections they should be entitled to. For example, a misclassified worker loses access to fundamental worker protections such as minimum wage, overtime pay, and unemployment insurance. Independent contractors also face more financial burdens than employees, including taxes and insurance. While misclassification can happen to any worker, due to occupational segregation and other labor market disparities rooted in structural racism, people of color and immigrant workers are more likely to be in occupations where misclassification is common - such as construction and landscaping workers, home health care aides, housekeeping cleaners, or nail salon workers. A 2020 NELP analysis of state reports estimated that as many as 10-30 percent of employers may misclassify their workers.

The Department of Labor’s proposed rule would provide clear guidance for determining when a worker should be classified as an employee or a true independent contractor. The Biden administration’s DOL is proposing to rescind the Trump administration’s rule, which made it easier to misclassify workers, and to return the clearer, long-established guidelines. But the Department needs to hear from the public before December 13, 2022. Submit a comment today!


The Department of Labor is currently accepting comments for determining employee or independent contractor classification under the Fair Labor Standards Act. We need thousands of worker advocates – like you - to submit comments to ensure that the DOL enacts these protections and helps to stop misclassification.

  1. Fill out this form with your name and contact information.

  2. Use our suggested comment language—but feel free to edit the letter to tell the Department of Labor how this rule will specifically help you or workers in your community. You could share a story from yourself, a friend, or family member who were wrongly determined to be independent contractors, and include how it impacted pay, benefits, or their rights at work.  

  3. Click “Send Letter” to submit your comment directly to the Department of Labor.

Note: By filling out this form, your name, address and comment will be submitted to DOL for public record and may be publicly viewable on the web. The deadline to submit your comment is Tuesday, December 13, 2022.

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