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Fair Labor Standards Act (FLSA) Independent Contractors Corporate Counsel

Brooks Pierce

Fourth Circuit Affirms Multi-Million Dollar Decision, Underscoring Risks in Worker Misclassification

Brooks Pierce on

Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Kohrman Jackson & Krantz LLP

DOL Scales Back Enforcement of Independent Contractor Rule: What Employers Should Know

The U.S. Department of Labor (DOL) has announced a significant shift in how it will approach enforcement of independent contractor classifications under the Fair Labor Standards Act (FLSA). While the 2024 rule issued under...more

Fisher Phillips

DOL Easing Up on Independent Contractor Misclassification Enforcement: 3 Key Points on This Big Win for Businesses

Fisher Phillips on

Businesses that rely on freelancers or the “gig economy” have cause for optimism now that the Department of Labor just announced it will no longer enforce a Biden-era final rule that made it harder to classify workers as...more

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

Foley & Lardner LLP on

We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

Ballard Spahr LLP

Trump Administration Retreats from Defense of Two Biden-Era Lawsuits

Ballard Spahr LLP on

In the ongoing battle over labor policy, the Trump administration has signaled plans to abandon or at least revise its defense of two Biden-Era lawsuits and their underlying initiatives. ...more

Poyner Spruill LLP

Federal Employment Agency Changes to Expect Under the New Administration

Poyner Spruill LLP on

Inauguration Day is upon us, and with the Presidential change comes several anticipated changes to federal employment agency initiatives. We are likely to see federal agencies, including the Federal Trade Commission (FTC),...more

Fisher Phillips

Labor Department to Crack Down on These 7 Workplace Contract Provisions

Fisher Phillips on

The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more

Troutman Pepper Locke

Jurors Disagree on Whether Ride Share Drivers Are Independent Contractors or ‎Employees: June 2024 IC Legal News Update ‎

Troutman Pepper Locke on

Lawyers representing ride share drivers have argued for years that their clients are being misclassified as independent contractors under federal and state laws. They have attained little success, however, obtaining...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Troutman Pepper Locke

Court Challenges Filed to Final Independent Contractor Rule – But Does It Really Matter?‎

Troutman Pepper Locke on

As discussed in our QuickStudy of January 9, the U.S. Department of Labor has issued its long-awaited final rule setting forth its version of the test for independent contractor status under the federal Fair Labor Standards...more

Troutman Pepper Locke

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Troutman Pepper Locke on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

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

Federal District Court in Virginia Rejects Familiar Two-Step FLSA Collective Certification Approach

On April 14, 2023, the United States District Court for the Eastern District of Virginia (Ellis, J.) declined to conditionally certify a collective of USA Today sports website editors, ruling that the familiar two-step Fair...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Littler

Department of Labor Proposes New Rule for Independent Contractor Status

Littler on

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

Troutman Pepper Locke

The Labor Department’s Independent Contractor Rule Has Little if No Legal Impact but Is Likely To Cause Anxiety for Stakeholders

Troutman Pepper Locke on

The Biden Administration’s Labor Department earlier today issued a proposed regulation that seeks to define the worker classification test for independent contractor or employee status under the Fair Labor Standards Act...more

Fisher Phillips

Labor Department Proposes to Rescind Flexible Independent Contractor Test and Re-Impose Outdated Standard: 5 Key Questions

Fisher Phillips on

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

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

Jackson Lewis P.C. on

Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Jackson Lewis P.C.

DOL Announces Plan to Issue New Independent Contractor Final Rule

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has announced its intention to issue a new final rule regarding the employee-vs.-independent contractor analysis under the Fair Labor Standards Act (FLSA)....more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

Fisher Phillips on

In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Littler

Federal Court Decision Protects Independent Contractor Status

Littler on

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Troutman Pepper Locke

Déjà Vu in the Independent Contractor Misclassification Arena: August 2021 News Update

Troutman Pepper Locke on

The first three cases reported below regarding legal developments in August 2021 have four common denominators: the defendants are all large gig economy companies; plaintiffs’ class action counsel is the same; the lawsuits...more

Troutman Pepper Locke

Last Mile Independent Contractor Drivers Not Exempt From Arbitration: June 2021 News Update

Troutman Pepper Locke on

June was a relatively slow month in the area of independent contractor misclassification and compliance. But it produced what may turn out to be one of the more important judicial decisions in years affecting last-mile...more

Clark Hill PLC

United States Department of Labor Withdraws Independent Contractor Rule Under the Fair Labor Standards Act

Clark Hill PLC on

On May 5, ­­just a few short months after the U.S. Department of Labor issued its final rule to clarify the independent contractor classification under the Fair Labor Standards Act (FLSA) – the DOL issued a statement of the...more

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