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DOL Alters Enforcement Position on Independent Contractors: What Does It Mean For Manufacturers and Franchisors?

On May 1, 2025, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden...more

DOL Alters Enforcement Position on Independent Contractors

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Navigating Joint Employment: A Renewed Push to Implement a More Employer-Friendly Standard

With a Republican-controlled Congress and White House, business lobbyists are seizing the opportunity to push for permanent clarity on the issue of joint employment. The International Franchise Association (IFA) is advocating...more

A Lucid Interpretation of “Affiliates” under Washington’s Franchise Act

A Washington state appeals court has clarified the scope of Washington’s Franchise Act in Lucid Group USA, Inc. v. State of Washington, Department of Licensing. There, Lucid Group USA, Inc. (“Lucid Group”), the dealer, wanted...more

DOL Seeks to Restore the Totality-of-the-Circumstances Approach to the Test for Independent Contractor Classification

The Department of Labor has issued a new proposed rule to provide guidance on the classification of independent contractors and employees under the Fair Labor Standards Act and as discussed by Foley’s Labor and Employment...more

DOL’s Ruling on Joint Employment

This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more

Joint Employer Rule Struck Down

Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more

The Department of Labor’s 2020 Vision: The New Joint Employer Standard under the Fair Labor Standards Act

A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more

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