The Burr Broadcast: New Independent Contractor Rule
In February 2024, we reported the U.S. Department of Labor (DOL) issued a Final Rule revising the DOL’s guidance on how to analyze who is an employee or independent contractor for purposes of minimum wage and overtime pay...more
Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more
The Department of Labor recently issued a new proposed rule distinguishing between employees, who are covered by the Fair Labor Standards Act, and independent contractors, who are not. This follows on the heels of a rule...more
The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The proposed rule, published...more
On October 13, 2022, the United States Department of Labor (DOL) published a proposed rule that seeks to alter the test for determining whether a worker is an independent contractor or an employee under the federal Fair Labor...more
The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more
On Tuesday, the federal Department of Labor (DOL) released proposed rules intended to clarify when workers are employees as opposed to independent contractors under the Fair Labor Standards Act (FLSA). The FLSA governs...more
On October 11, 2022, the U.S. Department of Labor (DOL) issued a new proposed rule that is more aligned with judicial precedent than a previous proposal regarding whether a worker is an employee or an independent contractor...more
On October 13, 2022, a new proposed rule promulgated by the U.S. Department of Labor (the “DOL”) in connection with the classification of employees and independent contractors will be published in the Federal Register and on...more
Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more
On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. FLSA...more
Any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model under a proposed rule that the U.S. Department of Labor (DOL) just released yesterday. The...more
In response to the U.S. Department of Labor’s proposed regulation on independent contractor status under the Fair Labor Standards Act, over 1,500 individuals and organizations have already filed comments prior to the deadline...more
Gig economy companies across the country had a whirlwind September, as legal developments impacting their business models continued to unfold. Here are the five most significant workplace law developments in the gig economy...more
In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification. In recent years, the misclassification of...more
While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more