TravelAge West
Intel and Insights for Today's Travel Advisor

Explore TravelAge West

Destinations

Back
  • Africa & Middle East
  • Asia & South Pacific
  • Caribbean
  • Central & South America
  • Europe
  • Hawaii
  • Mexico
  • USA & Canada

Travel Types

Back
  • Family
  • Adventure
  • Cruise
  • River Cruise
  • Tour Operators
  • Luxury
  • Hotels
  • Culinary
  • Romance
  • Wellness
  • Sustainability

Directories

Back
  • Hotels
  • Cruise

Interactive

Back
  • Click & Win
  • Geo Quiz
  • Slideshows & Video
  • Wave Winner Videos

Professional Development

Back

Industry Insight

  • Business Features
  • Interviews
  • Events
  • Opinion
  • Tech
  • Podcasts
  • Coronavirus and Travel
  • Need to Know Research

Education

  • Certifications
  • Digital Guides
  • Fams
  • Thought Leadership
  • Advertiser Spotlight
  • Webinars
  • Quick Q's

Events

  • Global Travel Marketplace
  • GTM West
  • WAVE Awards
  • GTM by Northstar

Get Us in Your Inbox

I accept the T&C and Privacy Policy.

Search TravelAge West

Clear Field
Emma Weissmann
Emma WeissmannContributing Writer

Share

  1. Home
  2. Industry Insight
  3. Business Features

ASTA Supports Department of Labor Proposal to Clarify Independent Contractor Standard

May 14, 2026
ASTA  Government & Politics  Travel Agents  USA  
ASTA Supports Department of Labor Proposal to Clarify Independent Contractor Standard
ASTA says independent contractors are essential to the travel advisor profession.
Credit: 2026 Neal/stock.adobe.com

The American Society of Travel Advisors (ASTA) is showing support for the U.S. Department of Labor’s proposed rule that would revert to a previous framework for defining worker status for independent contractors (ICs).

In comments submitted to the office of Daniel Navarrete, the director for the Division of Regulations, Legislation and Interpretation within the wage and hour division at the U.S. Department of Labor, the association wrote that rescinding the current analysis for determining worker status under the Fair Labor Standards Act (FLSA) – and replacing it with analysis from a 2021 rule – would support the many travel agents (71%) who operate as ICs.

RELATED: ASTA Introduces The Summit for Travel Industry Leaders

The current framework, from Jan. 10, 2024, does not give travel agencies clarity on six identified factors, wrote ASTA. The factors are: opportunity for profit or loss depending on managerial skill; investments by the worker and the potential employer; degree of permanence of the work relationship; nature and degree of control; extent to which the work performed is an integral part of the potential employer’s business; and skill and initiative.

“[The] rule to determine worker status for FLSA purposes imposes real burdens that negatively impact their operations,” ASTA’s Peter Lobasso, senior vice president of industry affairs and general counsel, wrote in the comments. “Specifically, companies must apply an overly broad and vague test to a given set of facts with little, if any, practical guidance and for which the consequences of an incorrect decision can be serious and costly.”

Get Us in Your Inbox

I accept the T&C and Privacy Policy.

ASTA agrees with a reinstatement of the 2021 rule, which gives two factors — the nature and degree of the individual’s control over the work, and the individual’s opportunity for profit and loss — a greater weight than the other factors, noting that the “nature of control” factor often supports a finding of IC status, vs. an employee (where an individual does not have control of working hours, project selection and or whether they can render services to others).

ASTA additionally recommends an additional statement be added to the rule that would state that, unless extraordinary circumstances were present, the classification indicated by these two factors would determine the status of the worker, despite the evaluation of the other (non-core) factors.

RELATED: ASTA Applauds Norwegian Cruise Line's No-NCF Policy — and Hopes Others Will Follow Suit

The 2024 rule is especially limiting for agencies that may not have access to legal counsel because of their size, ASTA adds. Ninety-seven percent of agencies qualify as small businesses under the standards listed by the Small Business Administration.

“Independent contractors are essential to the travel advisor profession and to the entrepreneurial model that supports agencies of all sizes,” said Zane Kerby, CEO and president of ASTA, in a statement. “ASTA strongly supports efforts to provide clearer, more predictable federal guidance so our members can engage independent advisors with confidence, remain compliant and continue serving travelers across the country.”

Tell Us What You Think! forum

Related Content

travelagenthotelcommissions

ASTA Publishes List of Hotels That Don't Pay Commission

  • Most Read
  • Most Shared
  1. 5 Future Leaders to Watch List, 2026
  2. Here Are All the Fall Travel Trends for 2026
  3. 14 ChatGPT Prompts Every Travel Advisor Should Use
  4. How River Cruising Is Becoming More Adventurous
  5. Queen Mary 2 Set for Major Refurbishment With New Suites, Wellness Upgrades

From Our Partners

More From TravelAge West

The appeal of Petra never fades.

Demand for Jordan Is Returning — Here’s What Advisors Need to Know

TTC Tour Brands — Your Leadership Needs a North Star

TTC Tour Brands — Your Leadership Needs a North Star

Relaxation is Black travelers’ top motivation this summer, cited by 55% of respondents.

Black Travelers Are Embracing Solo Trips, Relaxation and Romance This Summer

Trilogy sailings begin at three Maui departure points.

To Get Out on the Sea in Maui, Connect With Trilogy Excursions

Virgin Voyages will soon sail to Scandinavia and the Baltics.

Scandinavia Debut Drives Virgin Voyages to Record-Setting Sales Day

Live From Future Leaders in Travel: Business Wisdom From Travel Sales Experts Joe Leon, Marc-Antoine Kamel and Mickey McBride

Live From Future Leaders in Travel: Business Wisdom From Travel Sales Experts Joe Leon, Marc-Antoine Kamel and Mickey McBride

Some travelers are changing bookings last minute  to avoid this summer’s heat wave in Europe.

Last-Minute Summer Bookings Are Heating Up — Here’s What Advisors Should Know

Editorial: How the World Cup Inspires Travelers

Editorial: How the World Cup Inspires Travelers

TTC Tour Brands — Make It Simple

TTC Tour Brands — Make It Simple

More Stories Like This

Contiki will be announcing limited-time sales of 50% off on select itineraries.

Top Black Friday Travel Deals for 2026

Read The Story
This year, Rental Escapes' clients flocked to the Caribbean, and the Dominican Republic was among one of the top destinations.

Rental Escapes’ Growth Strategy Centers Travel Advisors

Read The Story
The Inn at Rancho Santa Fe near San Diego offers guests multiple ways to play mahjong.

What’s Going on With the Mahjong Travel Trend? Travel Advisors and Other Pros Weigh In.

Read The Story
Liz Fettes is Cunard's senior vice president of commercial for North America and Australasia.

Cunard’s Liz Fettes Discusses the State of the Historic Cruise Brand

Read The Story
Summit attendees participated in a variety of community visits, including a traditional lunch at the Amaru community in the Sacred Valley.

4 Takeaways from Tourism Cares’ Global Meaningful Travel Summit in Peru

Read The Story
Travel agency owner Kate Thomas says these prompts will significantly lessen the time travel advisors spend on administrative tasks.

14 ChatGPT Prompts Every Travel Advisor Should Use

Read The Story
Beyond relaxation, travelers are interested in experiences that allow them to immerse themselves in their surroundings.

New Accor Study Reveals What Travelers Want Most From Their Vacations

Read The Story
Ireland’s Mount Juliet Estate offers an 18-hole championship golf course and much more.

Booking Luxury Golf Trips? Consider These Pro Tips From an Ireland Estate General Manager.

Read The Story
Sixty-eight percent of U.S. respondents say they would purchase refund protection if it were available for their next international trip.

Amid Heightened Booking Anxiety, Travelers Are Willing to Pay More for Cancellation Flexibility

Read The Story
Travel advisors can earn the certification by completing a three-module online curriculum or attending a live presentation.

Mast Travel Network Partners With Special Needs Group to Expand Accessible Travel Training

Read The Story
TravelAge West

About TravelAge West

  • About Us
  • Contributors
  • Sales Team
  • Contact Us
  • My Profile
  • Terms of Use
  • Privacy Policy
  • Do Not Sell or Share My Data

Advertise

  • Advertise With Us
  • Write For US
  • Media Kit
  • Upload Ad Material
  • Digital Ad Specifications
  • Reprints
  • Subscribe to Print

Stay Connected to TravelAge West

Get Us in Your Inbox

I accept the T&C and Privacy Policy.


Northstar Travel Group

Northstar Travel Group

  • Travel Weekly
  • Travel Weekly Asia
  • TravelPulse
  • TravelPulse Canada
  • TravelPulse Quebec
  • Meetings & Incentives
  • Travel Technology
  • Corporate Travel
  • Hotel Investment
  • Data Products
  • AGENTatHOME

Copyright © 2026 Northstar Travel Media, LLC. All Rights Reserved. 301 Route 17 N, Suite 1150, Rutherford, NJ 07070 USA | Telephone: (201) 902-2000

Load Carousel Here
Load Video Here