On February 11, 2026, the Independent Work Coalition, the Coalition for a Democratic Workplace, American Bakers Association, American Hotel & Lodging Association, American Trucking Associations, Associated Builders and Contractors, Independent Bakers Association, International Franchise Association, International Warehouse Logistics Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, National Retail Federation, New Jersey–New York Foreign Freight Forwarders and Brokers Association, and Small Business & Entrepreneurship Council filed a petition for rulemaking with the National Labor Relations Board urging the Board to use the notice-and-comment process to establish a clear independent contractor standard under the National Labor Relations Act. The petition calls on the Board to issue a new rule based on its 2019 SuperShuttle decision and federal court precedent.
CDW Chair Kristen Swearingen explained, “For too long, policy around the independent contractor standard under the NLRA has swung wildly with each change in administration, creating unnecessary confusion and threatening the livelihoods of entrepreneurs across the country. The regulated community needs policy stability to plan for the future and thrive. That stability can only be achieved with a well-reasoned rulemaking that follows Congressional intent and can withstand judicial scrutiny.”
“Independent contractors play an integral role in nearly every sector of the economy, and the coalition of organizations on this petition for rulemaking demonstrates the broad array of industries concerned about the worker classification standard under the NLRA,” said Independent Work Coalition Chair Kathryn Farrell. “Federal labor policy should preserve the rights of individuals and businesses who wish to enter into legitimate contracts. The Board should set a clear independent contractor standard that supports entrepreneurs, provides stability for the regulated community, and protects against bona fide misclassification.”
