United States Department of Labor Proposes New Independent Contractor Rule

Louisiana REALTORS • October 13, 2022

United States Department of Labor Proposes New Independent Contractor Rule

On October 11, 2022, the U.S. Department of Labor released a proposed rule interpreting how a worker is classified under the Fair Labor Standards Act (FLSA). The DOL has proposed the rule to ensure covered employers are providing workers, including "gig workers," with minimum wage and overtime pay as required under the FLSA, to ensure consistency with existing judicial precedent and the Department’s longstanding guidance. The proposed rule under the FLSA also does not impact real estate professionals’ explicit protection in the Internal Revenue Code, 26 U.S.C. 3508, which provides the framework to classify them as statutory non-employees for federal tax purposes. Additional information on this proposed rule is available here: https://www.nar.realtor/washington-report/dol-proposes-new-independent-contractor-rule

 

Please note that this rule is proposed and not effective as of the publication date of this post.

By Louisiana REALTORS® March 13, 2026
Louisiana’s 2026 Regular Session opened this week with several developments that matter directly to REALTORS ®, property managers and housing providers, alongside some broader political shifts worth watching. HB 292: Security Deposit Return Timelines Rep. Delisha Boyd’s HB 292, which addresses procedures for returning residential security deposits, was deferred to next week. This provides additional time for stakeholders to engage with members on practical impacts for lease administration, move out inspections and documentation standards. We’ll continue working to ensure any changes to deposit law are clear, workable and do not expose housing providers to unreasonable liability. Land Use and Development: St. James Parish Decision The Louisiana Supreme Court’s recent St. James Parish decision significantly tightens the standards for overturning local land use decisions, reinforcing that zoning and permitting authority rests with parish and municipal governments as long as their decisions are not arbitrary or capricious. For real estate and development, that means more predictability if projects are aligned with adopted plans and ordinances, but also higher stakes in local elections, planning processes and parish-level negotiations. Governor’s State of the State In his State of the State address, Governor Jeff Landry reiterated his push to phase out the state income tax, expand the LA GATOR and MJ Foster scholarship and workforce programs, and replace vehicle inspection stickers with a QR code system. These programs frame a debate around long-term competitiveness, workforce readiness and household cost of living which are all key drivers of housing demand and migration patterns. Business & Market Trends The business community is focusing the session on insurance, workforce and energy. Commercial and property insurance costs remain a top concern for employers and property owners, and we are monitoring civil justice and insurance reform proposals that could affect market stability and availability. At the same time, Louisiana is seeing more than $100 billion in announced industrial and data center projects, which could reshape local markets, labor conditions and housing needs in multiple regions of the state. Please view the weekly bill tracking report at the link below provided by our lobbying team over at Harris, DeVille and Associates.
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