Advocacy in action blog

The U.S. Department of Labor released its newly proposed independent contractor rule to determine whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). The proposed rule, when finalized, will replace the 2024 federal rule on independent contractor classification.

NAIFA CEO Kevin Mayeux, CAE, issued the following statement:

“NAIFA is encouraged by the Department of Labor’s release of a new rule to replace the existing 2024 federal rule on independent contractor classification. The 2024 Rule fails to provide an analysis for distinguishing between independent contractors and employees under the FLSA that is sufficiently clear and leads to predictable outcomes. The 2024 Rule’s description of several economic reality factors could be viewed as setting a higher bar to find independent contractor status than required under the law. Among other harms, an analysis which is ambiguous or perceived as too restrictive of independent contracting can deter businesses from engaging with bona fide independent contractors or induce them to unnecessarily classify such individuals as employees.

Many financial advisors operate locally as small business owners, employing others on their staff, and serving the members of their communities. Reclassifying them as employees rather than independent contractors would have threated their ability to best serve their clients and to ensure that their small businesses can operate efficiently.

NAIFA is currently reviewing the proposed rule to determine the full impact on independent contractors and will remain diligent to ensure that NAIFA members are best positioned to maintain their independent business operations and to best serve their clients. 

We have previously provided extensive comments and testimony to the DOL on the topic of preserving independent contractors’ rights and we now look forward to working with the department as it works to improve policies that support the independence of NAIFA members and the ability of consumers to receive professional financial guidance.”

NAIFA CEO Kevin Mayeux, CAE, issued the following statement on the Department of Labor’s announcement that it will rescind the federal rule on independent contractor classification:

A rule proposed by the New Jersey Department of Labor and Workforce Development (DOLWD) threatens the independent contractor status of many insurance agents and brokers and would improperly classify them as "employees" under state labor laws. Unfortunately, this would also impact consumers in the state, as the independence of licensed insurance and financial professionals allows them to effectively serve their clients by offering products and services from multiple insurance companies and financial institutions.

It's been nine-and-a-half years since the National Association of Registered Agents & Brokers (NARAB) Reform Act was enacted, yet the NARAB Board of Directors has still not been established. The Obama administration submitted nominees but the Senate Banking Committee failed to act on the nominations. Since then, the Trump and Biden administrations have not submitted nominations to the Senate for approval.

NAIFA continues efforts to discourage the Department of Labor and the administration from moving forward with its flawed fiduciary-only rule. In a letter to DOL Acting Secretary Julie A. Su, Office of Management and Budget (OMB) Director Shalanda Young, and Office of Information and Regulatory Affairs (ORIA) Administrator Richard Revesz, NAIFA and 10 other groups detailed problems with the rule's regulatory process and asked the administration to "stand up for the integrity of the regulatory process and continue the public input process, rather than finalize the fiduciary rule now."

On Tuesday, March 12, 2024, John Richardson and Mark Miller, members of NAIFA-Tennessee, showed the impact of grassroots advocacy by advocating against two sets of bills detrimental to the industry.

Senate Committee on Banking, Housing, and Urban Affairs Ranking Member Tim Scott (R-SC) cited NAIFA's support in a press release announcing legislation designed to protect the state-based regulatory regime of the insurance industry. The bill, known as the Business of Insurance Regulatory Reform Act, would clarify and reinforce sections of the Dodd-Frank Wall Street Reform and Consumer Protection Act to exclude "the business of insurance" from regulation by the federal Consumer Financial Protection Bureau. It would shore up federal laws that give state regulators exclusive authority to regulate insurance.

State-based regulation of insurance has been a bedrock of the industry and effectively protects the interests of consumers. Federal law, including Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, recognizes this fact and explicitly exempts the business of insurance from regulation by federal Bureau of Consumer Financial Protection (BCFP).

NAIFA and a coalition of groups representing a majority of the U.S. companies and agents offering property-casualty, title, and life insurance have asked Congress for additional legislation that would clarify provisions in Dodd-Frank and solidify the state-based system of insurance regulation.

The Centers for Medicare & Medicaid Services (CMS) introduced new regulations in the Notice of Benefit and Payment Parameters for Plan Year 2024 that all agents, brokers, and web-brokers must follow before helping consumers complete and submit their Marketplace application. To ensure that agents and brokers understand the specific guidelines of these new regulations, CMS recently published several frequently asked questions (FAQs) that answer common questions about these new requirements.

Short-term limited duration insurance (STLDI) is very important to many American families and individuals looking to fill gaps in their health insurance coverage and unable to access the individual health insurance marketplace. A current proposal by the administration would reduce the maximum allowable STLDI coverage period from 12 months to three months with a possible one-month renewal. People would be able to purchase a new STLDI policy from a different carrier, but would not be allowed to "stack" a new policy from the same carrier on an expiring policy.