News & Analysis as of

Employer Liability Issues Comment Period Misclassification

Fisher Phillips

New Jersey Sharpens Focus on Misclassification Issues, Inches Closer to Adopting “ABC Test” Regulations: What Businesses Need to...

Fisher Phillips on

As independent contractor misclassification enforcement eases up at the federal level, New Jersey is doubling down on the state’s strict test for determining how a worker should be classified under various state laws. The New...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

MoFo Employment Law Commentary (ELC)

Department Of Labor (“DOL”) Extends Comment Period Deadline For Proposed New Independent Contactor Test

Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards...more

Venable LLP

Employee or Independent Contractor: The Department of Labor Proposes a "New" Worker Classification Rule

Venable LLP on

​​​​​​​On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Bowditch & Dewey

Department of Labor Seeks to Alter Independent Contractor Classification

Bowditch & Dewey on

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

Faegre Drinker Biddle & Reath LLP

New Proposed Rule on Independent Contractors: DOL’s Latest Plan for Overhaul of the Existing Standard

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

Kilpatrick

DOL Proposes New Independent Contractor Rule

Kilpatrick on

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

Bradley Arant Boult Cummings LLP

New Reality? DOL Publishes Proposed Rule on Independent Contractor Status

Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more

Brooks Pierce

DOL Proposed Rule Clarifies Requirements for Classifying Workers as Independent Contractors

Brooks Pierce on

On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more

Bond Schoeneck & King PLLC

The U.S. Department of Labor Issues Proposed Regulations to Determine Independent Contractor Status Under the Fair Labor Standards...

On September 22, 2020, the U.S. Department of Labor (USDOL) issued proposed regulations regarding the determination of whether an individual is an employee under the Fair Labor Standards Act (FLSA) or an independent...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

Bricker Graydon LLP

Department of Labor proposes rule adopting “economic reality” test to assess independent contractor status

Bricker Graydon LLP on

The U.S. Department of Labor (DOL) recently announced a long-awaited proposed rule that addresses how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). Under the...more

Seyfarth Shaw LLP

DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee

Seyfarth Shaw LLP on

For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with...more

Littler

Nevada Employers Invited to Comment on New Workplace Laws

Littler on

The Nevada Legislature’s 80th session recently came to a close after a flurry of activity resulted in over 25 new laws affecting employers.  Now, the Nevada Labor Commissioner, charged with enacting and/or amending...more

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