U.S. Senators Speak Up in Support of Freelancers

Americans sent a clear message to labor regulators: Washington must protect freelancing and flexible work. Workers from all industries, occupations, and walks of life registered their support for a new rule governing independent contractors. Now, we’ve learned that a group of influential members of Congress lent their voices in support of the cause as well.

The comment period on the proposed Department of Labor (DOL) independent contractor rule closed April 28, 2026. Over 16,000 comments have been submitted. Independent Women rallied over 250 freelancers to make their voices heard in support of this rule.

In a separate letter, U.S. Senators Bill Cassidy, M.D. (R-LA), Chairman of the U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee; Jim Banks (R-IN); Tim Scott (R-SC); and Tommy Tuberville (R-AL) wrote to Acting Secretary Keith Sonderling about the impact of the rule based on their constituents’ outreach.

First, they explained the need for the new rule:

The department’s proposed rule was made necessary because of an ill-informed rule finalized by the Biden administration in 2024. This rule would have defined independent contractor status so broadly and with such discretion that it would have provided no certainty, thereby threatening Americans’ ability to find this type of work at all.

They explained that, in contrast, this rule “will provide much-needed clarity and consistency to DOL’s application of the law.” 

The Biden independent contractor rule did a disservice to “millions of Americans actively choose independent work over traditional roles, citing flexibility, dependent care obligations, and personal care circumstances as chief reasons.”

This previous rule had major implications for the workforce attachment of various groups.

Anecdotally, many independent workers, occupied with educational opportunities or caregiving responsibilities, would be disengaged from the workforce if not for the flexibility independent work provides, and such disengagement would limit the U.S.

They made similar points to those we made in our organizational comment. As we noted, flexibility is critical for women’s labor force attachment. Many women depend on independent contracting to earn supplemental income or a living while raising children, caring for aging parents, managing personal health issues, or pursuing education and entrepreneurship.

Don’t Forget About Portable Benefits

The senators took a step further in their comments, requesting that the Labor Department also partner with them to advance portable benefits.

These are workplace benefits that stay with independent contractors rather than expiring when a job ends. They noted,

… we encourage the Department to support emerging opportunities for independent workers to accumulate and consolidate benefits. Currently, entities that work with independent workers fear they are restricted from offering portable benefits. In fact, labor and employment laws were never intended to prevent workers from accessing benefits. Yet decades-old laws, and the tests that courts and agencies employ to determine employment status under these laws, bind the provision of benefits to traditional employment status, even if inadvertently. Companies fear offering voluntary benefits will expose them to misclassification lawsuits that can be ruinous. This is backwards-looking and unfairly disadvantages independent workers, as most companies decline opportunities to provide non-employee benefits altogether over fears of expensive litigation.

We agree. Independent Women has been leading the charge in bringing this idea to the states. Our sister organization, Independent Women’s Voice, has worked to advance bills in several states this spring.

What’s Next

The Labor Department will review the comments and hopefully finalize a regulation that reflects the comments and concerns of workers, lawmakers, businesses, and industries.

We’ve seen this story play out before, though. The final rule will almost certainly be challenged in court by opponents.

Freelancers and independent workers have been ping-pong balls in a game between administrations. The rules defining who can be classified have been batted from restrictive to relaxed over the past four administrations. While the Trump administration has delivered a favorable rule, the next administration could undo it.

Congress must end this worker classification ping-pong game by codifying a standard that is clear, straightforward, and protects freelancing. The Modern Worker Empowerment Act does just that in the House. Meanwhile, the Unlocking Benefits for Independent Workers Act and a similar bill, the Modern Worker Security Act, would clear the way for portable benefits at the federal level. 

We will follow how this unfolds, but appreciate the dedication of our lawmakers to protect workers and worker freedom.