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Independent Contractors Federal Labor Laws Wage and Hour

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Troutman Pepper Locke

Health Care Industry Under Attack for Independent Contractor Misclassification: July 2025 IC Legal News Update

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Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...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

Genova Burns LLC

July 2025 Labor and Employment Law Update

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Although developments at the federal level are getting most of the headlines, New Jersey employers should continue to monitor legislative developments coming out of Trenton since most federal law changes are not usurping or...more

Troutman Pepper Locke

Home Improvement and Legal Services Industries Under Attack for Independent Contractor Misclassification Claims: June 2025 IC...

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Last month, there were only a couple of legal developments in the area of independent contractor (IC) compliance and misclassification, but they were significant because two more industries — home improvement and legal...more

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

Beltway Buzz - June 2025 #3

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

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

Department of Labor Announces Expansion of Interpretation Letters Initiative

On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters...more

Sheppard Mullin Richter & Hampton LLP

DOJ Retracts Biden-Era Independent Contractor Classification Rule

On May 1, 2025, the United States Department of Labor’s (“DOL”) Wage and Hour Division announced it would not enforce or apply the Biden-era 2024 Final Rule regarding independent contractor classification (“2024 Rule”)....more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors: What Does It Mean For Manufacturers and Franchisors?

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On May 1, 2025, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Bradley Arant Boult Cummings LLP

Trump’s Pick for Chief Legal Officer May Signal More Changes for DOL

This week President Donald Trump nominated attorney Jonathan Berry to be the next solicitor of the Department of Labor (DOL). Berry worked in the department during the first Trump administration, and he was the sole author of...more

Littler

Former EEOC Commissioner and Acting WHD Administrator Keith Sonderling Announced as Pick for Deputy Secretary of Labor

Littler on

On January 14, 2025, President-elect Trump named former U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling as his pick for deputy secretary of the U.S. Department of Labor (DOL). This is a...more

Fisher Phillips

Top Wage and Hour Predictions for Employers in 2025

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Our Wage and Hour Practice Group thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more

Jackson Walker

Labor and Employment Expectations as the Second Trump Administration Nears

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With Inauguration Day quickly approaching, the United States is about to enter President Trump’s second term, “Trump 2.0.” With each new presidential administration, labor and employment law changes, sometimes drastically...more

Holland & Knight LLP

Amendment to the Federal Labor Law Related to Digital Platforms in Mexico

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An amendment to the Federal Labor Law (LFT) regarding digital platforms in Mexico was published on Dec. 24, 2024 in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF). It regulates all activities...more

Fisher Phillips

Top 10 Workplace Law Developments To Expect Under President Trump

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Now that we know Donald Trump will return to the White House as President, it’s time for employers to take a look at what they might expect during his second term in office. We have gathered insights from some of our firm’s...more

Fisher Phillips

Labor Department to Crack Down on These 7 Workplace Contract Provisions

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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

Robinson+Cole Manufacturing Law Blog

As the Season Changes, Don’t Fall Behind: 4 Key Employment Law Trends

As the seasons change, so do manufacturers’ priorities. Fall is typically one of the busiest hiring periods of the calendar year, so many manufacturers are likely bracing themselves for this challenge. That said, there were...more

Levenfeld Pearlstein, LLC

Are Your Workers Independent Contractors or Employees: A New DOL Rule Aims to Help Employers Answer That Question

The U.S. Department of Labor’s (DOL) Wage and Hour Division updated its regulation concerning Employee or Independent Contractor Classification Under the Fair Labor Standard Act, with changes effective March 11, 2024. The...more

Gray Reed

More Guidance on Worker Classification for the Energy Industry

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This post is a summary of a more detailed Client Alert prepared by Gray Reed’s labor and employment practice group. Recall our recent post on the Department of Labor’s new “Economic Realities Test” for classifying...more

Winthrop & Weinstine, P.A.

Independent Contractors Revisited: Frequently Asked Questions About the Department of Labor's New Final Rule for Worker...

On January 10, 2024, the U.S. Department of Labor (DOL) published its final rule changing its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA)....more

FordHarrison

Department of Labor’s New I.C. Rule No Longer on Ice: What Employers Need to Know About Determining Independent Contractor Status...

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Introduction - After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act...more

Poyner Spruill LLP

Out with the New, in with the Old: Department of Labor Promulgates Independent Contractor Test

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On January 10, 2024, the U.S. Department of Labor (“Department”) published a final rule (“Final Rule”) for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The Final Rule rescinds the...more

Gray Reed

Employee or Independent Contractor? Know the New Rules

Gray Reed on

The Department of Labor recently made key changes to its rules in a way that will affect the oil and gas sector. The new rule rescinds a Trump Administration rule that had simplified the process of classifying workers as...more

Akerman LLP - HR Defense

Out With The Old, In With The… Old? DOL Releases “New” Independent Contractor Rule, Bringing Us (Mostly) Back to Status Quo

Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising...more

Epstein Becker & Green

New Independent Contractor Rule Facing Multiple Legal Challenges

On January 9, 2024, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule regarding how to determine whether a worker qualifies as an employee or may be considered an independent...more

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