Proposed Rule Labor DepartmentWage and Hour Division February 27, 2026

Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act

The Department is proposing to rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) currently set forth in 29 CFR part 795 and...

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Document type: Proposed Rule. Agency: Labor Department, Wage and Hour Division. Published: 2026-02-27.

Why this matters to food and beverage teams

This proposed rule is worth screening if your team tracks labor department, wage and hour division activity that could affect ingredients, labeling, plant operations, imports, or compliance timing.

The practical question is whether this changes operational compliance requirements and enforcement posture. If it does, pull the source document and decide whether the item needs action now, monitoring, or no response.

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