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Independent Contractors National Labor Relations Board Department of Labor (DOL)

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 -
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

Littler

Policy Week in Review – May 2025

Littler on

U.S. DOL Pauses Enforcement of Biden-era Independent Contractor Rule  - On April 29, the U.S. Department of Labor issued a press release announcing new guidance on how to determine employee or independent contractor...more

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

Beltway Buzz - February 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

Ward and Smith, P.A.

Key Employment Law Issues Employers Need to Watch in 2025

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As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying prepared for potential shifts in federal policies, heightened...more

Poyner Spruill LLP

Federal Employment Agency Changes to Expect Under the New Administration

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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

Orrick, Herrington & Sutcliffe LLP

Post-Election Analysis: What Employers Can Expect Under the New Administration

Employers can expect a number of employment law changes under Donald Trump’s second term. While certainly difficult to predict, below is a guide to key anticipated changes, including leadership changes at federal agencies,...more

Ward and Smith, P.A.

Upping the Ante: New Rules and Regulations in Play for In-House Counsel

Ward and Smith, P.A. on

Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency Act, the implications of the Chevron...more

Jackson Walker

Labor and Employment Expectations as the Second Trump Administration Nears

Jackson Walker on

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

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

Neal, Gerber & Eisenberg LLP

Looking Ahead: The Potential Impact of a New NLRB on the Hotel Industry

As hoteliers have experienced in the past, the outcome of a Presidential election, and the consequent change in the makeup of the National Labor Relations Board (“NLRB”), can have a significant impact on business operations....more

Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

Jackson Lewis P.C. on

On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...more

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

Beltway Buzz - August 2024 #2

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

Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

Cozen O'Connor

Cozen Currents: When Getting Rusty is a Good Thing

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The Cozen Lens - •As much as the whole country can’t help but tune in to former President Trump’s guilty verdict, the fact is that the political ramifications only matter insofar as they may swing three states. •The Biden...more

Fisher Phillips

Workplace Battle Brewing: PEOs Need to Prepare for Season of Change and Uncertainty

Fisher Phillips on

Two competing forces battling it out right now could have an outsized impact on your clients’ workplaces and your overall business practices over the next few months – so you should make sure you have a basic understanding of...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

ArentFox Schiff on

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Brownstein Hyatt Farber Schreck

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...more

Troutman Pepper Locke

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

Troutman Pepper Locke on

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Arnall Golden Gregory LLP

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the...

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more

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

Beltway Buzz - March 2024 #2

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

Cozen O'Connor

Do Recent Changes and Legal Challenges to the Independent Contractor Test Affect OSHA?

Cozen O'Connor on

Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the...more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...more

Snell & Wilmer

2024 Labor & Employment Law Updates for the Construction Industry

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The New Year often means new labor and employment laws for the construction industry, 2024 is no exception. Federal agencies have been especially active. The Federal Acquisition Regulatory Council, the National Labor...more

Morgan Lewis

FTC Usurping NLRB and DOL?

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Commissioner Alvaro Bedoya wants to challenge worker misclassification under Section 5 of the Federal Trade Commission (FTC) Act. His broad interpretation of the “unfair methods of competition” language in Section 5 of the...more

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