NAR Comment Letter on DOL Independent Contractor Proposed Rule

Issue Date: October 26, 2020


On October 27 NAR submitted a comment letter on the U.S. Department of Labor's (DOL) proposed rulemaking revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The letter advocates for minimal disruption to the real estate industry that greatly benefits from the ability to be classified as an independent contractor. Many states and some federal laws have codified the ability of real estate professionals to be classified as independent contractors, but there continues to be ongoing scrutiny and challenges to this status. NAR supports DOL’s efforts to provide a clear and consistent standard for evaluating a worker’s status, while preserving existing worker classification authority that allows real estate professionals to be independent contractors.