Bills Introduced to Reverse New DOL Worker Classification Rules

Lawmakers are seeking to overturn the Labor Department’s updated worker classification rules, which are soon to take effect. 

Joint resolutions issued March 6 in both houses of Congress seek to turn back the new rules. Rep. Kevin Kiley (R-Calif.) introduced one on the House side and Sen. Bill Cassidy (R-La.) introduced his in the Senate. 

The new classification test, set to start March 11, will look at the totality of a worker’s relationship with an employer, replacing the prior five-factor “economic reality test.” The Labor Department previously said it did not expect to see a litany of reclassifications under the rule. 

Kiley’s resolution includes 54 cosponsors, while Cassidy’s has 32. Both have been referred to committee. 

“Our legislation under the Congressional Review Act nullifies this terrible regulation and protects independent contractors,” Kiley stated. “Washington should support workers, not regulate them into oblivion.” 

Legal Action 

Similarly, a lawsuit has been filed in Louisiana by trucking firm Frisard’s Transportation. The company claims the new classification rule is “arbitrary and capricious,” and exceeds the department’s authority.  

Frisard’s asks for the courts to push back the implementation date of the rule and eventually discard it altogether. 

The suit was initially filed Feb. 8, but added a few additional plaintiffs, including the Louisiana Motor Transport Association, as of March 7. 

“Trying to make everyone fit the same job description ignores the different goals and skills that independent contractors bring to the table — and, ultimately, it ignores what makes the trucking industry successful,” stated Frisard’s CEO, Cully Frisard.