In the March 12, 2021 issue of the Federal Register (86 FR 14027), the Wage and Hour Division (WHD) of the Department of Labor published a notice of proposed rulemaking (NPRM), with a request for written comments, proposing to withdraw the final rule titled “Independent Contractor Status under the Fair Labor Standards Act” (the Rule) published on January 7, 2021. The Rule is the subject of our memorandum dated January 25, 2021 posted on the firm website:


You may submit written comments, identified by Regulatory Information Number (RIN) 1235–AA34, on the NPRM 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.


Written comments must be submitted on or before April 12, 2021.


Full Memorandum