Washington Update – May Update
May 6, 2026

New Leadership at the Department of Labor
Trump IC Rule Moves Closer to Becoming Reality
Sonderling Takes OverDepartment of Labor - Department of Labor Deputy Secretary Keith Sonderling is now leading the Department following the resignation of former Secretary Lori Chavez-DeRemer. Sonderling’s previous experience at the Wage and Hour Division and the Equal Employment Opportunity Commission positions him as a technically proficient leader who understands both enforcement realities and evolving workforce models. For trucking stakeholders, his background suggests a pragmatic approach to implementation—one that can provide clarity and consistency while recognizing the role that compliant independent contractor models play within the broader economy.
TIE Suggestions for Keith Sonderling:
- Create fair labor policies that benefit truckers and businesses alike.
- Remove uncertainty about independent contractor classification.
- Improve workforce rules to help companies hire and keep drivers.
Worker Classification Rule Moves Forward/TIE Files Supportive Comments
The Department of Labor has moved to the last stage to finalize the rule that clarifies the independent contractor model – thus eliminating the burdensome rule imposed by the Biden Administration.
The proposal brings back a five-factor “economic realities” test, with the most weight on two key questions: how much control is exercised over the work, and whether the worker has a real opportunity to make a profit or take a loss based on their own initiative or investment. It also makes clear that things like safety requirements, insurance, or contract deadlines don’t count as the kind of control that turns someone into an employee.
For millions of independent contractors—like owner-operator truckers, gig workers, and tradespeople—the rule would create a more predictable path to being classified as self-employed. In practice, it likely means more worker scan keep their contractor status, along with the flexibility and independence that comes with it.
TIE filed comments supporting the rule. We expect the rule to be finalized before the end of the year.
Congressional Elections Just Six Months Away – What We Are Watching:
With the House of Representatives closely divided (Republicans have a two-seat majority), many are predicting Democrats will win control of the House in the next elections. Traditionally, the party in the White House loses seats in Congress in the midterm elections.
Should Democrats win control of the House and maybe the Senate, we would anticipate a renewed effort to pass the PRO Act, a big labor priority, that, among other things, would push an “ABC test” for worker classification, which sets a much higher bar for being treated as an independent contractor.
In trucking, that standard is widely viewed as incompatible with the traditional owner-operator model because it assumes workers are employees unless strict criteria are met.
This legislation was approved during the last Democrat-controlled Congress but died in the Senate due to two Senate Democrats who are no longer in office. Its chances of success in a future Democrat-controlled Congress remain unclear.
We will continue to monitor.
TruckersIntegral to Our Economy is a 501©4 dedicated to the preservation of the independent contractor model in the trucking industry. For more information, contact Scott Brenner @ sbrenner@crshq.com or www.truckerchoice.org.
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