The Financial Services Institute and its coalition partners filed an amended complaint Tuesday against the Labor Department's new independent contrator rule, which asks the court to declare the 2024 rule invalid, prohibit its implementation and allows the 2021 independent contractor rule to remain in effect.
FSI filed the amended complaint in the U.S. District Court for the Eastern District of Texas along with the Associated Builders and Contractors, the American Trucking Association, the Coalition for Workforce Innovation, the National Retail Federation, the National Federation of Independent Business and the U.S. Chamber of Commerce.
The complaint states that the 2024 rule, which Labor finalized on Jan. 9, is arbitrary and capricious under the Administrative Procedure Act and also violates the Regulatory Flexibility Act.
An FSI spokesperson told ThinkAdvisor Tuesday in an email that the amended complaint replaces the earlier complaint filed on Jan. 16, which challenged DOL's withdrawal of the 2021 independent contractor rule.
The new amended complaint, the spokesperson said, reflects "our concerns with the final DOL rule" and adds new plaintiffs.
The department, according to the amended suit, "has issued a new rule that largely repeats the Department's previous errors and fails to remedy the confusion addressed by the 2021 Independent Contractor Rule."
The 2024 rule "repeals the 2021 Independent Contractor Rule currently in effect and substitutes an amorphous, vague, and unworkable standard for determining employee or independent contractor status" under the Fair Labor Standards Act, or FLSA, the suit states.
Dale Brown, FSI's president and CEO, said Tuesday in a statement that "our members should not have to risk losing their independent contractor status because, for example, they are complying with federal and state securities rules."
