The contractor rule roundtable hosted by the Small Business Administration’s Office of Advocacy begins today, April 9, 2026, giving freelancers and self-employed professionals a direct channel to weigh in on the Department of Labor’s proposed overhaul of worker classification rules. The event comes as the public comment period enters its final weeks, with an April 28 deadline that every independent worker should have on their calendar.
What the DOL’s Proposed Contractor Rule Would Change
The Department of Labor published its proposed independent contractor rule in the Federal Register on February 27, 2026. The rule would replace the Biden administration’s 2024 classification framework with a streamlined approach that many in the freelance community have been requesting for years.
Under the current six-factor test established in 2024, determining whether a worker qualifies as an independent contractor requires weighing multiple overlapping considerations. Critics have argued that the existing test tilts toward employee classification, creating uncertainty for businesses and independent workers alike.
The proposed 2026 rule simplifies the analysis to two core factors: the nature and degree of the worker’s control over the work, and the worker’s opportunity for profit or loss. Additional considerations, including the required skill, the duration of the working relationship, and whether the work is part of an integrated production process, serve as secondary factors and carry less weight.
The SBA’s Office of Advocacy estimates the proposed rule would save small businesses approximately $2.31 billion over 10 years, amounting to roughly $329 million in annualized savings. For freelancers and solopreneurs, however, the real value is clarity: a simpler test means fewer disputes over whether a working relationship crosses the line from independent contracting into employment.
Why Today’s Contractor Rule Roundtable Matters for Freelancers
Today’s roundtable is not a formality. The SBA’s Office of Advocacy specifically organized this event to collect firsthand accounts from small business owners, freelancers, and independent contractors who would be directly affected by the final rule. The feedback gathered here will inform the advocacy office’s formal comments to the DOL, which carry significant weight in the rulemaking process.
For the more than 72 million Americans who currently work independently, this proposed rule represents a meaningful shift in how the federal government views their working relationships. The simplified two-factor test would make it easier for consultants, gig workers, and creative professionals to maintain their contractor status without triggering reclassification concerns.
As we detailed in our breakdown of the proposed rule’s two-factor test, the shift from six factors to two could reduce the legal gray area that has made contractor classification a persistent headache for freelancers and the companies that hire them. However, the rule is not final, and the comment period is the last opportunity to shape its outcome.
The proposed rule also arrives alongside separate legislative efforts. Sen. Mike Lee’s 21st Century Worker Act, introduced in March 2026, would go even further by creating a single federal standard for contractor status, potentially replacing the patchwork of state and federal tests that freelancers currently navigate.
What You Should Do Before the April 28 Deadline
Whether you are a full-time freelancer, a side hustler, or a business owner who hires contractors, this is your window to influence the final rule. Here are the steps to take:
- Submit a public comment on regulations.gov. Search for the DOL’s proposed independent contractor rule (RIN 1235-AA45). Written comments carry real weight, and the DOL is required to read and respond to every substantive submission before finalizing the rule.
- Be specific in your feedback. General statements of support or opposition are less useful than concrete examples. Describe how the current six-factor test has affected your business, or explain how the proposed two-factor approach would change your operations.
- Connect with industry groups filing comments. Organizations like the Freelancers Union, the National Federation of Independent Business, and the Small Business and Entrepreneurship Council are compiling feedback. Aligning your input with a larger coalition can amplify your voice.
- Review your existing contractor agreements. Regardless of how the final rule turns out, this is a good time to ensure your contracts clearly establish the control and profit-or-loss factors that the new test emphasizes.
Broader Context and What to Watch Next
The DOL’s proposed rule is part of a broader trend toward recognizing the growing role of independent work in the American economy. Freelance job postings have increased 22% over the past six months, and projections show the independent workforce could exceed 86.5 million by 2027. Policymakers are under increasing pressure to create regulatory frameworks that reflect how people actually work.
The comment period closes April 28, 2026. After that, the DOL will review all submissions and publish a final rule, a process that typically takes several months. In the meantime, the existing 2024 rule remains in effect.
Freelancers should also monitor the progress of Sen. Lee’s 21st Century Worker Act in Congress. If both the DOL rule and the legislation advance, the combined effect could represent the most significant shift in independent contractor classification in decades. Today’s roundtable is the first step, and freelancers who participate now will have a direct hand in shaping the rules that govern their livelihoods.
Frequently Asked Questions
When does the comment period for the DOL independent contractor rule close?
The public comment period closes on April 28, 2026. You can submit comments through regulations.gov by searching for the DOL’s proposed independent contractor rule under RIN 1235-AA45. Both individuals and organizations are eligible to submit feedback, and there is no minimum length or format requirement.
How does the proposed two-factor test differ from the current rule?
The current 2024 rule uses six factors to determine whether a worker is an employee or an independent contractor, with no single factor carrying more weight than another. The proposed 2026 rule narrows the primary analysis to two core factors: the worker’s control over the work and the worker’s opportunity for profit or loss. Additional factors like skill level and duration of the relationship still apply, but carry less weight in the final determination.
Will the new rule take effect immediately after the comment period ends?
No. After the comment period closes on April 28, the DOL must review all submissions, respond to substantive comments, and publish a final rule. This process typically takes several months to a year. Until the final rule is published and its effective date arrives, the existing 2024 classification framework remains in effect for all worker classification determinations.
Photo by Nellie Adamyan; Unsplash
