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Labor Regulations Fair Labor Standards Act (FLSA) Independent Contractors

Troutman Pepper Locke

Federal Government’s Ping Pong Match on Independent Contractor Rule Is Distraction From Enhancing IC Compliance: January 2025 IC...

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Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...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

Burr & Forman

The Burr Broadcast: New Independent Contractor Rule

Burr & Forman on

In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

Foley Hoag LLP

U.S. Department of Labor Issues New Independent Contractor Rule

Foley Hoag LLP on

The new rule makes it more difficult under federal law to classify workers as independent contractors. The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...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

Troutman Pepper Locke

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

Troutman Pepper Locke on

In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...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

Morgan Lewis

US Department of Labor Publishes Independent Contractor Proposed Rule

Morgan Lewis on

The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....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

Nelson Mullins Riley & Scarborough LLP

Massachusetts SJC Adopts Federal Standard in Determining Joint Employer Status

In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status.  In Jinks v. Credico (USA) LLC, four plaintiff employees...more

FordHarrison

U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA

FordHarrison on

On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more

Littler

DOL Withdraws Independent Contractor Regulations, Meaning More Uncertainty for Employers

Littler on

On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more

FordHarrison

U.S. DOL Signals Tougher Stance on Federal Classification of Workers as Independent Contractors

FordHarrison on

On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the...more

Burr & Forman

DOL Withdraws Independent Contractor Rule

Burr & Forman on

On May 5, 2021, the Department of Labor (DOL) announced a final rule to withdraw a Trump-era independent contractor rule for determining how to classify workers under the Fair Labor Standards Act (FLSA). The DOL stated that...more

Benesch

Department of Labor Officially Withdraws Trump-Era Independent Contractor Final Rule

Benesch on

On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more

Stoel Rives - World of Employment

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors.  As we discussed here, the Trump-era rule codified the “economic realities test” for use...more

Pullman & Comley - Labor, Employment and...

DOL Officially Axes Independent Contractor Rule of Previous Administration

It’s official – the U.S. Department of Labor has withdrawn the Independent Contractor Rule that was to become effective on May 7th. The rule – proposed by the DOL during the Trump administration –  had overwhelming support...more

Bricker Graydon LLP

DOL announces withdrawal of Trump administration independent contractor rule

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On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

Proskauer - Law and the Workplace

Business Groups Challenge Biden Administration’s Delay of Trump-era Independent Contractor Rule

In a complaint filed on March 26, 2021, business groups challenged a U.S. Department of Labor March 4, 2021 final rule to delay the effective date of the Trump-era regulation on independent contractor classification. As we...more

Pullman & Comley - Labor, Employment and...

DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule

The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more

Proskauer - Law and the Workplace

Biden Administration Wage and Hour Update: 50 Days In…

We’re 50 days into the Biden administration. Here’s an update on where things stand with respect to wage and hour law at the federal level...more

Franczek P.C.

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

Franczek P.C. on

In week five, the Administration’s labor and employment activity includes a new NLRB General Counsel appointee, an executive order revoking Trump’s industry-led apprenticeship program, the DOL’s continual withdrawal of Trump...more

Epstein Becker & Green

#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law...

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Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back. OSHA Updates COVID-19 Guidance In response to President...more

Pullman & Comley - Labor, Employment and...

DOL Proposes Delaying Newly Published Rule on Independent Contractors

Employers may be disappointed to learn that the Department of Labor’s recently issued rule clarifying the definition of “independent contractor” will likely no longer go into effect on March 8th, 2021. On January 20th, the...more

Fisher Phillips

Congress May Repeal Some Trump-Era Employment Regulations Before They Take Effect

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Will the new Democratic majorities in Congress invoke its statutory power to repeal some of the Trump administration’s recent regulations and guidance – including those pertaining to labor and employment law? The...more

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