Department of Labor issues rulemaking regarding determining independent contractor status
On Oct. 13, the Department of Labor published a Notice of Proposed Rulemaking that modifies the rules for determining independent contractor status under the Fair Labor Standards Act. This rule would rescind the previous standard, which focused on employers’ level of control of work and contractors’ opportunities for profit or loss. The new proposal would implement a “totality-of-circumstances” analysis that contains six factors used to determine independent contractor status, including:
- The opportunity for profit or loss depending on managerial skill
- The investments by the worker and the employer
- The degree of permanence of the work relationship
- The nature and degree of employer control
- The extent to which the work performed is an integral part of the employer’s business
- The worker’s use of skill and initiative
The proposal also provides additional factors that may be relevant to the final determination on a case-by-case basis. DOL officials indicate the new standard is designed to combat misclassification of employees as independent contractors. Public comments regarding the proposed rule are due Nov. 28. NRCA is reviewing the Notice of Proposed Rulemaking and will submit comments reflecting the views of member companies.
Department of Homeland Security announces 64,716 additional H-2B visas for fiscal year 2023
On Oct. 12, the Department of Homeland Security announced it will issue an additional 64,716 visas for the H-2B Temporary Non-Agricultural Worker program during fiscal year 2023 (Oct. 1, 2022-Sept. 30, 2023). These additional visas will supplement the 66,000 visas authorized statutorily and represents the maximum number allowed by law. DHS will make the additional visas available by publishing a regulation expected later this fall. NRCA is pleased the supplemental visas are being issued much earlier in the fiscal year than previously because it will help employers meet peak workforce needs. NRCA will continue urging Congress to increase the number of H-2B visas on an annual or permanent basis to help the roofing industry meet its seasonal workforce needs.
Registration for Roofing Day in D.C. 2023 is open!
Each year, roofing professionals meet with members of Congress on Capitol Hill to discuss the critical issues facing their companies and the roofing industry. And you know what? We’re making a big difference. So far, we have increased funding for career and technical education, advanced legislation that addresses workforce development needs and secured a strong buildings component in bipartisan infrastructure legislation.
But our work is not done yet. We are just getting started. Join us for Roofing Day in D.C. April 18-19, 2023, and help us make it the biggest and best roofing industry advocacy event ever!
Registration is only $95 for company representatives and $35 for field workers, students and spouses. Please visit www.nrca.net/roofingday to view testimonials from last year’s event and learn more. Sign up today!
