Department of Labor issues proposed rule on independent contractors
On Feb. 27, the Department of Labor published a proposed rule designed to clarify the determination of independent contractor status under federal law. Once finalized, the proposed rule would rescind a previously issued standard issued by DOL in January 2024. In summary, the proposed rule would be similar to a previous standard issued in 2021 during the first Trump administration, under which the determination of independent contractor status is focused on two primary factors—an employer’s level of control of the work being performed and the individual’s opportunities for profit or loss. In contrast, the existing standard contains a “totality-of-circumstances” analysis that uses six standard factors to determine independent contractor status and provides that additional factors unique to a given situation may also be relevant to the final determination of independent contractor status.
DOL indicates the proposed rule is “consistent with Supreme Court and federal circuit court precedent” and would “make it easier to properly differentiate between employees with the protections under the Fair Labor Standards Act and those workers who work as independent contractors.” Additionally, the proposed rule would be applicable to the Family and Medical Leave Act and the Migrant and Seasonal Agricultural Worker Protection Act, other federal laws that use the FLSA’s definition of “employ.” The proposed rule is open for public comment, which must be received on or before April 28. View more information. NRCA will be analyzing the rule and providing comments based on member feedback.
Bipartisan housing package passes major hurdle in Senate
On March 2, the Senate voted 84-6 on a procedural motion to advance a sweeping bill to address housing affordability, opening debate regarding a House-passed housing package (H.R. 6644) to use it as a vehicle to craft their own version of the legislation. This action is yet another effort on the part of lawmakers to address growing concerns about day-to-day affordability leading up to the midterm elections this fall.
H.R. 6644 would require the Department of Housing and Urban Development to issue best practices regarding zoning and design for cities and states; expand affordable housing programs currently available to Americans; and ease regulations for development and construction. The House-passed bill also includes bank deregulation provisions backed by House Financial Services Committee Chairman Rep. French Hill (R-Ark.). However, some Democrats in the Senate are strongly opposed to these community banking reforms, and the Senate now will develop a separate, updated version to be debated in the upper chamber.
Leading up to the debate on the Senate floor, Senate Banking Committee Chairman Tim Scott (R-S.C.) said their version would cut red tape and expand housing supply without generating new spending. Ranking Member Elizabeth Warren (D-Mass.) said the new package incorporates bipartisan ideas from the House bill. Because the Senate is now expected to pass a housing package that is not identical to H.R. 6644, the two chambers will need to negotiate a final agreement during the next few months via a conference committee.
NRCA has made addressing the need for affordable housing an advocacy priority because it is an issue that unites the roofing industry and is timely given its current national focus. It will be a featured topic at Roofing Day in D.C., where two complementary pieces of legislation will be highlighted that would incentivize the conversion of vacant or underused commercial property, as well as the construction and/or upgrading of residential homes in certain areas of the U.S.
Registration for Roofing Day in D.C. 2026 is open!
Join your friends and colleagues April 14-15 for the largest advocacy event dedicated solely to the roofing industry. Each year during Roofing Day in D.C., roofing professionals meet with members of Congress and their staffs on Capitol Hill to discuss major issues of importance to the roofing industry. Our priority issues this year will focus on solutions to workforce shortages and addressing the U.S.’ affordable housing crisis.
All you need to do is register! During the event, expert speakers and panelists will inform and inspire you to help you prepare for your meetings on Capitol Hill. As always, attendees will have ample opportunity to network and connect with fellow professionals, and we encourage you to bring key employees to the event.
To view our draft itinerary, book your hotel and register, please visit www.nrca.net/roofingday. Please note: The deadline to reserve your room at the Roofing Day in D.C. 2026 headquarters hotel is March 27.
NLRB formally withdraws 2023 joint employer rule
On Feb. 26, the National Labor Relations Board officially withdrew its final rule issued in 2023 that modified the standard for determining “joint employer” status under the National Labor Relations Act. Under the NLRB’s 2023 final rule, two or more entities could be considered joint employers of a group of employees if each entity has an employment relationship with the employees and if the entities share or co-determine one or more of the employees’ essential terms and conditions of employment. The 2023 rule was vacated by a U.S. district court in March 2024, and the pre-2023 standard has been the de facto policy since that time.
The new 2026 rule formally reinstates the policy in place before the issuance of the 2023 rule, which holds that for two separate entities to be classified as a joint employer for any group of employees, each employer must be deemed to exercise substantial, direct or immediate control over the essential terms and conditions of employment of the employees in question. Further litigation regarding this matter is likely, and NRCA will continue to provide updates as warranted by future developments.
Temporary Protected Status for El Salvador
There has been substantial confusion regarding the expiration of Employment Authorization Documents for individuals authorized to work in the U.S. under Temporary Protected Status from El Salvador. According to the Federal Register notice from Jan. 17, 2024, which extended TPS for individuals from El Salvador under the Biden administration, El Salvador Employment Authorization Documents are automatically eligible for extension until Sept. 9. This applies to Salvadorans who renewed their TPS and submitted an application to receive a new Employment Authorization Document in 2025 but have not yet heard from U.S. Citizenship and Immigration Services because of extensive bureaucratic processing backlogs. More information is available here, and employers with TPS employees from El Salvador should check with legal counsel regarding the validity of Employment Authorization Documents and applicable expiration dates.
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