EMA
Energy Marketers of America (EMA) announced that it has filed formal comments with the Department of Labor strongly endorsing the proposed rule to rescind the 2024 independent contractor regulation and reinstate a streamlined, modified version of the 2021 rule. The proposal would apply consistently across the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act. In its submission, EMA highlighted how independent contractor arrangements remain vital to the daily operations of energy marketing companies nationwide.
“Our members depend on these flexible relationships to handle critical tasks including fuel deliveries, facility maintenance and inspections, construction projects, technology support, and specialized services,” the association noted. EMA stressed that straightforward, practical guidance on worker classification is crucial for maintaining proven business practices while meeting all federal labor obligations.
EMA praised the proposal for properly focusing on “economic dependence” as the key test for independent contractor status—asking whether a worker is truly operating their own business or is economically reliant on the employer. The association emphasized that reinstating the 2021 rule’s core factors—particularly the degree of control and the opportunity for profit or loss—provides the clarity businesses need to make accurate classification decisions.
“Over the past five years, frequent shifts in the worker classification standard have created confusion, added compliance costs, and created unnecessary risk—especially for small and mid-sized energy marketers,” EMA stated. The association called on the Department of Labor to move quickly to finalize the rule and deliver long-overdue stability to the industry.
