News & Analysis as of

Employees Classification Fair Labor Standards Act (FLSA)

Cole Schotz

U.S. Supreme Court Issues Key Decision on FLSA Burden of Proof

Cole Schotz on

On January 15, 2025, the United States Supreme Court ruled in E.M.D. Sales, Inc., et al. v. Carrera et al., that the Fair Labor Standards Act’s (the “FLSA”) exemptions do not require a heightened burden of proof. The decision...more

Bradley Arant Boult Cummings LLP

Dusting Off the Ol’ Employee Handbook for 2025

As we prepare for 2025, it’s essential to update your employee handbook to reflect the latest legal requirements, workplace trends, and best practices. Now is an opportune time to review and revise your policies to ensure...more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Butler Snow LLP

DOL Final Independent Contractor Rule Already Facing Legal Challenges

Butler Snow LLP on

Following multiple delays, and after ongoing litigation stalled its previous rulemaking attempts, the U.S. Department of Labor issued its long-anticipated independent contractor final rule on Tuesday, January 10, 2024,...more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Woods Rogers

Department of Labor’s New Employee Classification Rule

Woods Rogers on

The Department of Labor (DOL) recently announced a final rule covering when workers may be classified as independent contractors. The new rule, available in full on the Federal Register, is effective March 11, 2024, so...more

A&O Shearman

Department of Labor Publishes Final Rule for Worker Classification under the FLSA

A&O Shearman on

On January 10, 2023, the U.S. Department of Labor (DOL) published its highly anticipated final rule for determining whether a worker should be classified as an employee or independent contractor under the Fair Labor Standards...more

Goldberg Segalla

US DOL Announces Final Rule on Classification of Workers as Employees or Independent Contractors under FLSA

Goldberg Segalla on

Key Takeaways - -The Department of Labor recently clarified a critical distinction between an employee and an independent contractor. -The courts will no longer use the Trump-era rule that focused on two core factors:...more

Bradley Arant Boult Cummings LLP

The ‘New’ New Final Rule? DOL on Independent Contractors and the FLSA

Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent contractor status under the Fair Labor Standards Act (the New Rule). The New...more

Perkins Coie

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

Perkins Coie on

The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

Harris Beach Murtha PLLC

Challenges Expected to Labor Rule Addressing Contractor/Employee Classification

The U.S. Department of Labor has officially adopted a rule that makes it more difficult for employers to classify workers as independent contractors, a change that could have profound effect on many industries, including...more

Jackson Walker

U.S. Department of Labor’s Final Rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act

Jackson Walker on

On January 9, 2024, the U.S. Department of Labor (“DOL”) announced the issuance of the final rule, Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). According to the DOL, the...more

McNees Wallace & Nurick LLC

DOL Rolls Out Final Rule on Independent Contractors under the FLSA

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). ...more

Bass, Berry & Sims PLC

DOL Issues Final Rule Regarding Independent Contractor Classification

Bass, Berry & Sims PLC on

The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification. The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced...more

Brownstein Hyatt Farber Schreck

Reality Check: U.S. Department of Labor Finalizes Worker Classification Rule

On Jan. 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced its final rule on Employee or Independent Contractor Classification. The announcement marks the end of a rulemaking process that started...more

Brooks Pierce

DOL Publishes Final Rule on Employee or Independent Contractor Classification

Brooks Pierce on

On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

Perkins Coie

US Department of Labor Proposes Independent Contractor Rule

Perkins Coie on

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more

White and Williams LLP

U.S. Department of Labor Ramps Up Wage and Hour Division

White and Williams LLP on

The U.S. Department of Labor (DOL) has announced that it will hire 100 new investigators in its Wage and Hour Division (Division). This is a strong signal that the DOL will be increasing its focus and prioritization of...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

Foley & Lardner LLP on

The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Foley Hoag LLP

Biden Administration Rescinds Trump-Era Rule on Independent Contractors

Foley Hoag LLP on

On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more

Verrill

Are You Paying Attention to your Classifications?

Verrill on

DOL Scraps Trump-era Interpretative Letters and 60,000 U.K. Uber Drivers Entitled to Worker Benefits - It has been a big day for changes on the worker classification front. In the last 24 hours, Britain’s highest court...more

Greenberg Glusker LLP

Client Alert - Interns & Independent Contractors

Greenberg Glusker LLP on

Second Circuit Reverses Class Certification Ruling in Fox Searchlight Unpaid Intern Case, Directing Trial Court to View Economic Benefit Factors Through New Lens - A federal appellate court in New York handed an apparent...more

Proskauer - Law and the Workplace

US Department of Labor Issues Administrator’s Interpretation Aimed At Limiting Independent Contractor Classification

As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair...more

Foley Hoag LLP

U.S. Department of Labor Issues Administrator’s Interpretation on Independent Contractors

Foley Hoag LLP on

As promised earlier this summer, on July 15, 2015, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an “Administrator’s Interpretation” (AI) regarding when individuals are misclassified as independent...more

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