DOL revives Trump administration independent contractor test, weighing control and profit heavily

Key regulatory change: control and profit move to center stage

The Department of Labor’s Wage & Hour Division published a proposed independent contractor (IC) rule that elevates control a opportunity for profit or loss as the two core factors in determining a worker’s status, aligning closely with the Trump administration’s earlier 2021 regulation. The rulemaking began with publication in the Federal Register in early 2026, and the public comment period is open through April 28.

How the new proposal differs from the Biden approach

Under the recently proposed rule, two factors—control and profit/loss—carry more weight than the three secondary factors: skill level, permanence of the relationship, and whether the work is part of an integrated production unit. The Biden-era rule treated five factors equally, which tended to increase the odds that a worker would be classified as an employee rather than an independent contractor. By contrast, the Trump-style weighting aims to provide more predictability toward IC classification in many cases.

Five-factor framework at a glance

Practical implications for trucking and logistics

For the trucking industry, where many drivers operate as owner-operators or independent contractors, the proposed rule could reduce the number of workers reclassified as employees by the Wage & Hour Division. Industry groups such as the American Trucking Associations have welcomed the move, arguing it protects drivers who choose IC arrangements and preserves flexibility across the supply chain. Still, opponents expect litigation when the rule is finalized.

What carriers, brokers, and shippers should monitor

• Contract language around dispatch, routing, and scheduling that could be read as control.
• Compensation structures that create a clear opportunity for profit or loss—per-trip pay, freight rates, fuel surcharges, and access to multiple load sources.
• Operational practices that may imply permanence or integration with the business.
• State-level standards and court rulings, since judicial precedents often shape enforcement outcomes more than agency rules alone.

Legal landscape: rulemaking vs. courtroom

Legal practitioners note that while agency rules provide guidance, federal and state courts remain the gatekeepers of precedent in IC disputes. Richard Reibstein of Troutman Locke has suggested the Wage & Hour rule attracts attention disproportionate to its practical impact, pointing out that courts have not uniformly relied upon previous agency rules when resolving IC classification cases. Still, a final rule that emphasizes control a profit/loss can change the administrative default in Wage & Hour hearings and influence settlement dynamics.

Stakeholder reactions

Law firms with labor and employment practices, including Scopelitis and Fisher Phillips, described the proposal as a return to the earlier Trump framework that aims to increase predictability. The American Trucking Associations issued a statement praising the step as protective of drivers’ livelihoods and beneficial to supply chain resilience, quoting President & CEO Chris Spear in support.

Litigation risks and timeline

Observers expect lawsuits challenging the final rule regardless of which administration is in power. Historically, IC rules have been implemented, vacated, and litigated across administrations, creating a patchwork of outcomes. If the rule is finalized and then litigated, courts could again determine how much deference administrative guidance receives in practice.

Operational checklist for logistics managers

Below is a quick checklist teams can use to audit relationships with drivers, movers, and third-party contractors to reduce classification risk.

• Review contracts for language that suggests direct control over methods, schedules, or routes.
• Document instances where contractors can accept or reject loads, use subcontractors, and set prices—evidence of profit/loss potential.
• Assess whether services are part of the company’s integrated production or distribution chain.
• Maintain records showing discretion, business risk, and independent investment by ICs.
• Coordinate with legal counsel on state-specific rules and recent court decisions.

Quick comparison: administrative rule vs. court decision

Industry voice and next steps

The trucking sector’s concern has been that routine safety, billing, and compliance activities might be misread as employer control under the Biden-era approach. The proposed rule attempts to clarify that complying with legal or safety obligations isn’t automatically proof of control. Still, many in logistics will watch for how courts treat that language in real disputes.

Comment period and stakeholder input

Formal comments on the proposal are being accepted through April 28 at the Regulations.gov portal. Logistics companies, driver associations, and legal teams will likely file comments to influence final language—especially around definitions of control and examples of profit and loss.

At the end of the day, the back-and-forth over IC standards is a classic regulatory seesaw: one administration leans one way, the next shifts; courts sometimes steady the platform. As someone who’s negotiated contracts and booked loads, I can say it’s like fixing a leaky roof while it’s raining—messy and awkward, but manageable if you have a plan and the right tools.

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Highlights: the proposed rule restores a Trump-era focus on control a opportunity for profit or loss, retains three other secondary factors, and is likely to shift administrative outcomes in Wage & Hour disputes while leaving courts as the decisive voice on precedent. Even the best analyses, reviews, and feedback, however, can’t replace getting hands-on experience with how these changes affect operations. On GetTransport.com, you can order your cargo transportation at the best prices globally at reasonable prices. This empowers you to make the most informed decision without unnecessary expenses or disappointments. The platform’s transparency, affordability, and range of options—from office and home moves to bulky freight, vehicle transport, and palletized shipments—make it a practical choice for logistics teams seeking reliable service. Get the best offers GetTransport.com.com

In summary, the Wage & Hour Division’s proposed rule refocuses IC analysis on two core economic realities—control and profit opportunity—while keeping three supporting tests. For logistics operators, that shift could reduce reclassification risk in administrative settings but will not eliminate court-driven uncertainty. Carriers, brokers, and shippers should audit contract language, document independent risk and profit mechanisms, and follow state court trends. For practical transport needs—whether moving household goods, arranging palletized freight, shipping bulky items, or scheduling international containerized loads—GetTransport.com offers an efficient, cost-effective way to secure moving, haulage, and shipping services that align with operational realities under evolving IC rules. By simplifying booking and offering competitive rates, the platform can help logistics professionals manage dispatch, forwarding, and distribution while keeping compliance and cost under control.