The National Women’s Law Center submits these comments in opposition to the Department of Labor’s proposed rulemaking addressing “independent contractor” and “employee” status under the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”) and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”), RIN 1235-AA46; Fed. Reg. Vol. 91, No. 39 (Feb. 27, 2026) (“NPRM”). 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 legal authority interpreting the Act. The proposal poses particular harm to women, people of color, and immigrants in low-paid jobs who need the protections of the FLSA, FMLA, and MSPA the most. We urge the Department to withdraw this proposed rule.