Posts

On January 9, the Department of Labor (DOL) issued a final rule on “Independent Contractor Classification Under the Fair Labor Standards Act (FSLA).” The final rule rescinds the Trump Administration’s independent contractor rule finalized by the DOL on January 7, 2021. According to the DOL press release, “The rule provides guidance on the proper classification and seeks to combat employee misclassification, a serious problem that impacts workers’ rights to minimum wage and overtime pay, facilitates wage theft, allows some employers to undercut their law-abiding competition and hurts the economy at-large.” The final rule is effective March 11, 2024.

The rule will not directly impact how courts determine worker classification but rather dictates DOL’s own enforcement activities. It applies the following six factors to analyze employee or independent contractor status under the FLSA:

  1. opportunity for profit or loss depending on managerial skill;
  2. investments by the worker and the potential employer;
  3. degree of permanence of the work relationship;
  4. nature and degree of control;
  5. extent to which the work performed is an integral part of the potential employer’s business; and
  6. skill and initiative.

The final rule includes a detailed discussion of how scheduling, supervision, price-setting, and the ability to work for others should be considered when analyzing the nature and degree of control over a worker.

Along with its coalition partners, MHI previously weighed in to oppose overturning the 2021 rule. The final rule will likely face significant pushback from both industry and Republicans in Congress. The U.S. Chamber of Commerce has also indicated that it is considering pursuing litigation to overturn the final rule.

Keep Exploring

Related Posts

2023 Hall of Fame inductees

June 16, 2025

Reserve Your Seat at the RV/MH Hall of Fame Induction Dinner

It is time to book your seats for the 2025 induction dinner at the RV/MH Hall of Fame! The ceremony will be held on August 18 at the Hall of Fame in Elkhart, IN. The celebration begins with a cocktail hour at 5 PM, followed by the dinner and ceremony at 6 PM.

HUD’s Innovative Housing Showcase “The American Home is the American Dream” Returns to the National Mall

Secretary Scott Turner announced the return of the U.S. Department of Housing and Urban Development (HUD)’s Innovative Housing Showcase from September 6 – 10 to the National Mall in Washington, D.C. Previously, the Innovative Housing Showcase was scheduled to take place May 30 – June 1.

May 21, 2025

MHI Announces 2025 Excellence in Manufactured Housing Award Winners

MHI announced the 2025 Excellence in Manufactured Housing Award recipients last week during the MHI Congress & Expo in Orlando. The annual awards program honors MHI members in the manufactured and modular home industry who provide outstanding products, customer service, creative solutions, and state-of-the-art homes

July 3, 2025

MHCC Holds Special Meeting to Discuss Multi-Story Manufactured Homes Without Upper Chassis

On Tuesday, the Manufactured Housing Consensus Committee (MHCC) convened a special teleconference to review and comment on HUD’s proposed standards for multi-story manufactured homes that would not require a permanent chassis on upper floors.

July 1, 2025

BREAKING NEWS: DOE Announces Delay of Compliance Date for Energy Standards

Today, the Department of Energy (DOE) announced that the Tier 2 compliance date for its manufactured housing energy conservation standards is being delayed. Originally, manufacturers had to comply with these standards on and after July 1, 2025, for Tier 2 homes and 60 days after the issuance of enforcement procedures for Tier 1 homes.

June 30, 2025

MHI Submits Comment Letter to MHCC Supporting HUD’s Proposal to Remove the Requirement for a Permanent Chassis on Multi-Story Homes

The Manufactured Housing Institute (MHI) submitted a comment letter to the Manufactured Housing Consensus Committee (MHCC) supporting the U.S. Department of Housing and Urban Development (HUD)’s proposal to modernize the definition of manufactured homes by removing the outdated requirement for a permanent chassis on multi-story homes. This change would enhance design flexibility, reduce costs and expand housing options.