Proposal would rescind Biden Regulations, Reinstate 2019 Rule
On Feb 27, 2026, the Department of Labor published a proposed rule to rescind the Biden Administration’s Independent Contractor (IC) Regulation. The Notice of Proposed Rulemaking (NPRM) proposes to reinstate the 2021 Trump Administration IC Rule. Comments are due April 28, 2026.
TechServe Alliance supported the 2021 version of the IC rule.
This will be the third round of regulatory changes governing independent contractors over the past five years. The Biden Administration’s proposed IC Rule, which overturned the 2021 Rule, was slated to take effect on March 11, 2024; however, several industries filed suit, and the 2024 regulation has been in limbo or not enforced.
TechServe CEO Mark Roberts submitted comments to the Biden Administration proposal stating, “At this time, we reassert our support for the 2021 Final Rule, which clarified worker classification for the IT/Engineering staffing industry.” He also urged the agency to incorporate more examples of independent contractor/employee status that pertain to knowledge workers, including but not limited to, IT and engineering consultants who offer their services as independent contractor firms.
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