On October 26, DSA filed comments with the United States Department of Labor on a Notice of Proposed Rulemaking (NPRM) clarifying the definition of employees under the Fair Labor Standards Act (FLSA) as it relates to determining independent contractor status.

“The status of our salesforce members as independent contractors has always been a priority issue for the association. DSA appreciates the Department of Labor for examining this issue more closely. We hope our comments will be incorporated into the final rule promulgated by the Department.” said DSA President Joseph N. Mariano.  

DSA said the clarification by the Department of Labor was helpful, but direct sellers should be specifically classified as independent contractors in the final rule based on court rulings, state statutes and pending federal legislation.