News & Analysis as of

Employee Definition Department of Labor (DOL) Regulatory Agenda

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

Seyfarth Shaw LLP on

On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

Troutman Pepper Locke on

Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

McDermott Will & Schulte

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

McDermott Will & Schulte on

On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Nelson Mullins Riley & Scarborough LLP

Deja Vu All Over Again as the U.S. DOL Proposes Rule to Reinstate Former Contract Classification Test

On Tuesday, October 11, 2022, the United States Department of Labor, Wage and Hour Division (DOL), announced a proposed rule clarifying the Fair Labor Standards Act’s (FLSA) independent contractor classification test. The...more

FordHarrison

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

FordHarrison on

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

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

Pullman & Comley - Labor, Employment and...

DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule

The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more

Bradley Arant Boult Cummings LLP

Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor Status

On January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic...more

Littler

DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters

Littler on

On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the...more

Bricker Graydon LLP

DOL finalizes rule adopting new test to assess independent contractor status

Bricker Graydon LLP on

The U.S. Department of Labor (DOL) has finalized a rule addressing how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA), effective March 8, 2021. Under the FLSA,...more

Holland & Knight LLP

DOL Publishes New Guidance for Classifying Independent Contractors

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more

Morgan Lewis

DOL Publishes Proposed Rule on Independent Contractor Classification

Morgan Lewis on

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

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

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

Beltway Buzz - May 2019 #3

Spring Regulatory Agenda Issued. On May 22, 2019, the Office of Information and Regulatory Affairs (OIRA) released the administration’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. Before diving into the...more

Carlton Fields

Caps Off to You: DOL Proposes Raising Salary Cap

Carlton Fields on

In 2014, the Obama administration proposed raising the minimum salary threshold for exempt white-collar workers to $47,476 per year— nearly double the current salary level. The Obama administration’s rule, which was intended...more

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