U.S. Department of Labor Proposes Independent Contractor Test

In the last Regulatory Roundup, ICSA Director of Operations Shawn Nelson wrote about the challenges posed by California’s Assembly Bill 5. By adopting the “ABC” test to determine employee or independent contractor status, California hoisted most owner-operators on prong “B,” which deems a worker an employee if engaged in the usual course of business of a company. For an owner-operator offering truck driving services to a motor carrier, it is difficult to distinguish the role of the owner-operator from the basic function of the fleet.

Now the U.S. Department of Labor (DOL) has weighed in on this longstanding issue. Precluded by court decisions from directly adopting the “ABC” test as a federal standard in determining employee classification, the DOL published on October 13, 2022, a Notice of Proposed Rulemaking (NPRM) in the Federal Register. If adopted, DOL would impose a six-factor test in deciding whether a worker is an employee or an independent contractor.

Those six factors, DOL says, are to be weighed equally, thereby abandoning the employee classification test used by the Trump Administration, which emphasized two “core” factors. Those “core” factors – the nature and degree of control over the work and the worker’s opportunity for profit or loss – often favored a determination that a worker was an independent contractor.

More problematically, the DOL also would consider such company standards as worker compliance with laws, rules, safety regulations and customer directions as evidence of employer “control,” contributing to a determination that a worker is an employee. Thus, a company that requires an owner-operator to follow the speed limit – as required by law – could result in the owner-operator being viewed as an employee - not a great result for a motor carrier that simply wants a safe operation. 

Comments on the Department of Labor’s NPRM were due by Nov. 28, 2022.

Update on Legal Action Against DOL IC Rule

10 April 2025

Several lawsuits were filed challenging the U.S. Department of Labor’s (DOL) independent contractor (IC) regulation enacted by the Biden Administration and the DOL’s Acting Labor Secretary Julie Su in early 2024.

Underride Petition

10 April 2025

The National Highway Traffic Safety Administration (NHTSA), in a Federal Register notice published April 1, denied a petition from the Institute for Safer Trucking (IST) requesting an investigation of collisions that van-type semi-trailers experience with passenger vehicles and other vulnerable road users.

ICSA at TCA Truckload and MATS Conferences

10 April 2025

ICSA representatives attended the TCA Truckload event, the preeminent event hosted by the Truckload Carriers Association, held in our hometown of Phoenix, AZ. We also attended the Mid-America Trucking Show (MATS), the largest trucking show in North America, held in Louisville, KY.