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Department of Labor (DOL) Opinion Letter Gig Economy

Troutman Pepper Locke

Trump Administration Reissues 2019 Opinion Letter on Independent Contractors and Virtual Marketplace Companies

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The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more

Benesch

Department of Labor Withdraws Gig Economy Opinion Letter that Supported Independent Contractor Classification

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On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more

Fisher Phillips

Biden DOL Shreds Trump-Era Gig Economy Guidance Letter

Fisher Phillips on

The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step friday as the Department of Labor (DOL) withdrew a guidance...more

Littler

DOL Issues Opinion Letter Regarding Independent Contractor Status of Food Product Manufacturers’ Distributors

Littler on

The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable...more

Constangy, Brooks, Smith & Prophete, LLP

Gig Workers: A Boon Or A Legal Bane For Businesses?

The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist? After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are...more

Spilman Thomas & Battle, PLLC

Virtually Independent Contractors or Employees - Department of Labor Takes a Look

In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more

Troutman Pepper Locke

Two Federal Agencies Make It Easier to Establish Independent Contractor Status

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Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more

Orrick - Employment Law and Litigation

A Gig Can be a Gig: US DOL Opinion Letter Breathes New Life into the Gig Economy Independent Contractor Model

On April 29, 2019, the U.S. Department of Labor (“DOL”) issued an opinion letterfinding that “on-demand” service providers working for a virtual marketplace company are independent contractors under the Fair Labor Standards...more

Fisher Phillips

Labor Department Faces Blowback After Gig Economy Opinion Letter

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According to Bloomberg Law’s weekly “Punching In” column (an absolute must-read each week) that published today, some congressional leaders are not too pleased with the Labor Department after it published an opinion letter a...more

Fox Rothschild LLP

USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status

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The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology and its impact on these thorny issues. Now, the USDOL has issued an Opinion...more

McAfee & Taft

DOL, NLRB weigh in on classification status of gig economy workers

McAfee & Taft on

While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

Foley & Lardner LLP

Despite DOL 'Gig Economy' Opinion Letter, State Wage and Hour Laws That Provide Greater Protections for Workers Still Trump Fair...

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As we reported recently, on April 29, 2019, the U.S. Department of Labor (DOL) issued an opinion letter clarifying its stance on the classification of workers in the gig economy. The letter provided good news to those who...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Describes Most ‘Gig Economy' Workers as Independent Contractors

With the advent of Uber, Lyft, and other so-called “gig economy” jobs, a niche industry has arisen for plaintiffs’ lawyers who file suit against these companies alleging that their workers are misclassified employees. The...more

Holland & Knight LLP

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

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• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

McNees Wallace & Nurick LLC

DOL Weighs in on Independent Contractors in the Gig Economy

The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. ...more

Hogan Lovells

Ninth Circuit Finds California’s Dynamex’s “ABC test” for the Proper Classification of Independent Contractors Applies...

Hogan Lovells on

In Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit revived a decade old wage and hour class action and simultaneously dealt a blow to many employers utilizing independent contractors by holding that California...more

Payne & Fears

California Gig Economy Employers Should Approach the Department of Labor’s Recent Opinion Letter With Caution

Payne & Fears on

On April 29, 2019, the Department of Labor’s Wage and Hour Division (“WHD”) issued an employer-friendly Opinion Letter. In this Opinion Letter, WHD considered whether service providers for a virtual marketplace company...more

Littler

DOL Weighs in on Whether Gig Economy Workers are Employees or Independent Contractors

Littler on

The United States Department of Labor has provided good news for gig economy employers, telling one unidentified “virtual marketplace” employer that its service providers are properly classified as independent contractors....more

Jackson Lewis P.C.

Gig Economy Virtual Marketplace Company Gets FLSA Nod In DOL Opinion Letter

Jackson Lewis P.C. on

The Department of Labor’s (DOL) Opinion Letter FLSA2019-6 issued April 29, 2019, was welcomed by virtual marketplace companies (VMCs) in particular, as well as traditional businesses that treat freelancers as independent...more

Ballard Spahr LLP

DOL Issues Opinion Letter That May Provide Guidance on Independent Contractors in the Gig Economy

Ballard Spahr LLP on

The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more

Hogan Lovells

U.S. Department of Labor Opines: Gig Economy Workers for Virtual Marketplace Company Have “Economic Independence”; Are Not...

Hogan Lovells on

In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers.  Applying a six-factor test derived from U.S....more

Fisher Phillips

Differentiations Within The Gig Economy – USDOL's Take On Independent Contractors

Fisher Phillips on

The U.S. Department of Labor issued an opinion letter this week confirming that certain service providers referred through a virtual marketplace company are, indeed, independent contractors for purposes of the federal Fair...more

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

DOL Opinion Letter Finds Gig Economy Service Providers to Be Independent Contractors

In what appears to be a first, the U.S. Department of Labor (DOL) has weighed in on the status of gig economy workers under the Fair Labor Standards Act (FLSA) in the form of an opinion letter. The DOL concluded that the...more

Fisher Phillips

Department Of Labor Says Certain Gig Workers Are Contractors

Fisher Phillips on

In a major positive development for gig economy businesses, the U.S. Department of Labor issued an opinion letter yesterday confirming that certain workers providing work for a virtual marketplace company are, indeed,...more

Foley & Lardner LLP

DOL Issues Opinion Letter Clarifying Employment Status in Gig Economy

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On April 29, 2019, the Department of Labor issued an opinion letter FLSA2019-6. In fall 2018, several employer groups sought clarification from the DOL on worker classification as employees versus independent contractors. In...more

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