Washington Update – September 2025

We Need Your Help Today!
Call Your Member of Congress and Ask Them to Support Independent Contractor Legislation
Both the House and Senate have introduced legislation that seeks to bring clarity by establishing a clear, common-law based standard for determining whether professional truck drivers are an independent contractor (IC) or an employee – focusing on the true American entrepreneurial spirit. This clearer test would shield genuine independent operators from being misclassified under an inconsistent and arbitrary federal rule and empower professional truckers to keep controlling their own hours, routes and business practices.
In the House, long-time IC champion Rep. Kevin Kiley (R-CA) has introduced H.R. 1319, the Modern Worker Empowerment Act, and Senator Tim Scott (R-SC) has introduced a companion bill in the Senate, S. 2228.
The House bill has successfully moved through committee and is awaiting floor action. However, as the Congress has returned from their traditional August summer recess, no floor action will happen unless the bill receives widespread congressional support. We need our coalition members to reach out to their elected officials and ask them to co-sponsor the legislation.
Simply call 202-224-3121 for the Capitol Hill operator and ask them to connect you to your Member of Congress. The Operator will ask for your zip code and will then connect you. Please let me know if you have questions. A link is included below. In the upper-right corner you can insert your zip code if you’d like to get further information about your Representative in the U.S. House of Representatives: https://www.house.gov/representatives
Trump Team Announces Repeal of Biden IC Rule
In their release of the Spring Department of Labor Regulatory Agenda, the Trump Administration announced their intention to rescind the 2024 IC rule and commence a new rulemaking to establish a clear definition for independent contractors. Link to DOL New Rulemaking TIE is working with the Department of Labor as they launch their effort to overturn the Biden rule which created uncertainty and replacing it with a rule that is clear and recognizes the importance of our trucking community.
State Update
New Jersey
The New Jersey Department of Labor and Workforce Development is reviewing the hundreds of public comments filed in response to the proposed new rules that seek to establish an ABC test for independent contractors. The notice of proposal for new rules was published on May 5, 2025, and there was a 60-day period beginning that day during which the NJDOL accepted written comments on the proposed new rules.
- Business groups, including the New Jersey Business & Industry Association (NJBIA),strongly oppose the proposal—arguing it transforms the ABC test into an “employment presumption” that undermines flexibility and imposes burdens on businesses NJ BIA New Jersey Monitor.
- The Insured Retirement Institute (IRI) warned the rule could harm access to financial planning services, as many independent financial professionals might lose their contractor status and curtail operations in the state Insured Retirement Institute (IRI). Policy and advocacy organizations, like the Economic Policy Institute (EPI), emphasize the high costs of misclassification to workers—particularly truck drivers, construction workers, and others—estimating annual income losses ranging from $22,400 to $26,000 for workers misclassified as contractors Economic Policy Institute.
- Some state legislators—including about 20 bipartisan lawmakers—have formally opposed the proposal. Criticism also highlights potential negative impacts on women, racial minorities, caregivers, and freelance workers due to reduced flexibility and increased classification risks
TIE will continue to monitor and aggressively advocate for protecting and enshrining the IC model, while providing timely updates. Please contact us if you need guidance on connecting with your elected officials in Washington, D.C.
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