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Biden Administration Labor Reform Gig Economy

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

FordHarrison

U.S. Department of Labor Announces It Will No Longer Enforce 2024 Independent Contractor Rule

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On May 1, 2025, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin confirming that it will no longer enforce a 2024 Biden-era independent contractor rule. The 2024 rule defined “independent contractor”...more

McDermott Will & Schulte

Unpacking the Biden Administration’s Last-Minute Antitrust Worker Protections

In the final week of the Biden administration, the antitrust enforcement agencies – the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) – released two policies potentially impacting labor markets. The...more

Epstein Becker & Green

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether  workers are...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

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Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

Polsinelli on

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Burr & Forman

Labor & Employment E-Note - May 2021

Burr & Forman on

Focus - America's Immigration System: President Biden's First 100 Days - Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more

Littler

DOL Withdraws Independent Contractor Regulations, Meaning More Uncertainty for Employers

Littler on

On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more

FordHarrison

U.S. DOL Signals Tougher Stance on Federal Classification of Workers as Independent Contractors

FordHarrison on

On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the...more

Burr & Forman

DOL Withdraws Independent Contractor Rule

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On May 5, 2021, the Department of Labor (DOL) announced a final rule to withdraw a Trump-era independent contractor rule for determining how to classify workers under the Fair Labor Standards Act (FLSA). The DOL stated that...more

Fisher Phillips

Surprise! Federal Proposal Would Require States to Adopt California’s ABC Contractor Classification Test for Unemployment Purposes

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Most attention about whether the Biden administration would attempt to adopt a version of California’s notorious “ABC test” for determining whether individuals are properly classified as employees or independent contractors...more

Benesch

Department of Labor Officially Withdraws Trump-Era Independent Contractor Final Rule

Benesch on

On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more

Pullman & Comley - Labor, Employment and...

DOL Officially Axes Independent Contractor Rule of Previous Administration

It’s official – the U.S. Department of Labor has withdrawn the Independent Contractor Rule that was to become effective on May 7th. The rule – proposed by the DOL during the Trump administration –  had overwhelming support...more

Robins Kaplan LLP

Financial Daily Dose 5.6.2021 | Top Story: Peloton Recalls All Treadmills Over Child-Safety Concerns

Robins Kaplan LLP on

Peloton has recalled all of its treadmill models—the Tread+ and Tread—“less than a month after it fought the U.S. Consumer Product Safety Commission as it warned that dozens of injuries and one death of a child had been...more

Bricker Graydon LLP

DOL announces withdrawal of Trump administration independent contractor rule

Bricker Graydon LLP on

On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

Littler

Littler Lightbulb: Wage and Hour Developments During the First 100 Days of the Biden Administration

Littler on

Last week, President Biden marked his 100th day in office. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during the first 100 days of the Biden administration....more

Fisher Phillips

A Brand-New Employment Equation? The Biden Administration 100-Day Report for Employers

Fisher Phillips on

Why are the first 100 days so important? It’s often said that a president’s first 100 days in office are the most critical in their administration, as that’s when they have the most political capital – and therefore can...more

BakerHostetler

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

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Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Burr & Forman

Labor & Employment Podcast Series, Biden’s First 100 Days: A Check-In for Employers.

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In episode 6 of the Labor & Employment Podcast Series, Burr Partner Bryance Metheny is joined by Nafela Helou to discuss her recent article titled, Biden’s First 100 Days: A Check-In for Employers. The article takes a wide...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Winter 2021

The election of President Joe Biden, a longtime vocal supporter of organized labor, coupled with control of both chambers of Congress by the traditionally labor-friendly Democratic Party, is the prelude to changes on the...more

Foster Swift Collins & Smith

The Pro-Union PRO Act passes the U.S. House of Representatives

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act, known as the PRO Act, with a largely party line vote of 225-206. ...more

Proskauer - Labor Relations Update

Once Again, the House Passes “Protect the Right to Organize Act,” Sending Bill to Senate

As we recently foreshadowed, given the slim Democratic margins in the House and Senate, and a Democratic President, there is the potential for the most significant amendments to the National Labor Relations Act (“NLRA” or...more

Burr & Forman

Biden’s First 100 Days: A Check-In for Employers

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When Biden took office on January 20, 2021, employers anticipated that we would see widespread changes in federal policy. As we near the half-way point of Biden’s first 100 days in office, we have a clearer idea of how the...more

Franczek P.C.

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

Franczek P.C. on

In week five, the Administration’s labor and employment activity includes a new NLRB General Counsel appointee, an executive order revoking Trump’s industry-led apprenticeship program, the DOL’s continual withdrawal of Trump...more

Littler

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

Littler on

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act.  Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more

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