The National Women’s Law Center opposes the Department of Labor’s (“the Department”) proposed rulemaking that attempts to rewrite the definition of “employ” under the Fair Labor Standards Act (“FLSA” or “the Act”). The Department’s proposed test to distinguish between employee and independent contractor status ignores the plain language of the FLSA’s definition of “employ” and contravenes U.S. Supreme Court and federal circuit court authority interpreting the Act—and it would especially harm people working in low-paid jobs who need the protections of the FLSA the most. We urge the Department to withdraw this proposed interpretive rule.