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DOL appeals reinstatement of Trump-era IC rule

The US Department of Labor filed notice that it is appealing a Texas federal judge’s order blocking the Biden administration from withdrawing a Trump-era rule that made it easier for businesses to classify workers as independent contractors, Bloomberg Law reported [1].

District Judge Marcia A. Crone reinstated the Trump-era rule [2] in March, saying the department provided insufficient opportunity for public comment on its intension to delay the Trump rule. The DOL was also “arbitrary and capricious” in its withdrawal of the rule, the judge said.

The Trump rule was announced [3] weeks before President Biden took office and was slated to take effect March 8, 2021. After first delaying the effective date [4], the Biden Administration on March 12, 2021, published a final rule rescinding the Trump independent contractor classification rule, with its original effective date.

The Trump independent contractor rule remains in effect and includes the following clarifications: