Law360 Quotes Ashley Cannady on Proposed DOL Independent Contractor Rule

Ashley Cannady, a partner in the firm’s Jackson office and a member of the Labor & Employment Practice, was quoted in the Feb. 26, 2026, Law360 article, “DOL Contractor Proposal Looks Familiar, With Less Deference.”

The article examines a proposed U.S. Department of Labor rule that would largely return to a prior five-factor “economic reality” test for determining whether a worker is classified as an independent contractor or employee. It would rescind the department’s 2024 final rule addressing the classification of independent contractors.

Ashley explained to Law360 that the proposal makes the rule cleaner verses creating any meaningful practical change.  

“It does return to the 2021 standards,” Ashley explained in her interview. “When the 2024 rule was in effect for the short period of time that it was, there was not an increase in litigation like a lot of people expected. So, I do not think that returning to the 2021 standards is really going to impact the number of lawsuits filed. Class action lawyers are still going to file their class actions.”

Ashley emphasized that claims can still be made under state law, and encouraged employers to remain attentive to state-specific requirements.

“State laws are often more restrictive than the federal independent contractor standards, so you need to be sure that you are complying with the more restrictive regulation,” Law360 quoted Ashley as saying.

Ashley focuses on labor and employment law and related litigation and providing advice to employers in all areas of work-related legal exposure to minimize risk. With a proactive approach, she helps her clients remain compliant with applicable laws by providing timely advice and conducting investigations and audits. Ashley’s client roster crosses many sectors, including energy; financial services, including credit unions; hospitals and healthcare providers; telecommunication, fiber and cloud service providers; construction and design/build contractors; gaming and hospitality; and public employers/government agencies. She takes the time to get to know and understand the unique challenges her clients face in order to fully appreciate how labor and employment laws may affect them.