The Financial Services Institute asked the Labor Department on Monday to extend the comment period on its new independent contractor rule from 45 to 90 days — with comments due by Jan. 12 instead of Nov. 28.
Labor released on Oct. 11 a proposed rule that would replace the existing 2021 test under the Fair Labor Standards Act used to determine worker classification as either an independent contractor or an employee.
The new Labor rule would replace the 2021 rule that went into effect as a result of a ruling in March by the U.S. District Court for the Eastern District of Texas that Labor's delay and withdrawal of its independent contractor rule violated the Administrative Procedure Act.
The proposed rulemaking, Employee or Independent Contractor Classification Under the Fair Labor Standards Act, published in the Federal Register on Oct. 13, is 58 pages and requires comments by Nov. 28, "the first business day after the Thanksgiving holiday," David Bellaire, FSI's general counsel, told Labor in a comment letter.
"It is critical that those impacted by this proposal have ample time to review, analyze and provide meaningful comments to ensure that DOL has the benefit of the public's input," Bellaire wrote.
