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Opinion Letter Fair Labor Standards Act (FLSA) Gig Economy

Troutman Pepper Locke

Trump Administration Reissues 2019 Opinion Letter on Independent Contractors and Virtual Marketplace Companies

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The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more

Benesch

Department of Labor Withdraws Gig Economy Opinion Letter that Supported Independent Contractor Classification

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On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more

Fisher Phillips

Biden DOL Shreds Trump-Era Gig Economy Guidance Letter

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The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step friday as the Department of Labor (DOL) withdrew a guidance...more

Constangy, Brooks, Smith & Prophete, LLP

Gig Workers: A Boon Or A Legal Bane For Businesses?

The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist? After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are...more

Spilman Thomas & Battle, PLLC

Virtually Independent Contractors or Employees - Department of Labor Takes a Look

In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more

Troutman Pepper Locke

Two Federal Agencies Make It Easier to Establish Independent Contractor Status

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Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more

Orrick - Employment Law and Litigation

A Gig Can be a Gig: US DOL Opinion Letter Breathes New Life into the Gig Economy Independent Contractor Model

On April 29, 2019, the U.S. Department of Labor (“DOL”) issued an opinion letterfinding that “on-demand” service providers working for a virtual marketplace company are independent contractors under the Fair Labor Standards...more

Foley & Lardner LLP

Despite DOL 'Gig Economy' Opinion Letter, State Wage and Hour Laws That Provide Greater Protections for Workers Still Trump Fair...

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As we reported recently, on April 29, 2019, the U.S. Department of Labor (DOL) issued an opinion letter clarifying its stance on the classification of workers in the gig economy. The letter provided good news to those who...more

Holland & Knight LLP

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

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• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

McNees Wallace & Nurick LLC

DOL Weighs in on Independent Contractors in the Gig Economy

The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. ...more

Hogan Lovells

Ninth Circuit Finds California’s Dynamex’s “ABC test” for the Proper Classification of Independent Contractors Applies...

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In Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit revived a decade old wage and hour class action and simultaneously dealt a blow to many employers utilizing independent contractors by holding that California...more

Payne & Fears

California Gig Economy Employers Should Approach the Department of Labor’s Recent Opinion Letter With Caution

Payne & Fears on

On April 29, 2019, the Department of Labor’s Wage and Hour Division (“WHD”) issued an employer-friendly Opinion Letter. In this Opinion Letter, WHD considered whether service providers for a virtual marketplace company...more

Littler

DOL Weighs in on Whether Gig Economy Workers are Employees or Independent Contractors

Littler on

The United States Department of Labor has provided good news for gig economy employers, telling one unidentified “virtual marketplace” employer that its service providers are properly classified as independent contractors....more

Jackson Lewis P.C.

Gig Economy Virtual Marketplace Company Gets FLSA Nod In DOL Opinion Letter

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The Department of Labor’s (DOL) Opinion Letter FLSA2019-6 issued April 29, 2019, was welcomed by virtual marketplace companies (VMCs) in particular, as well as traditional businesses that treat freelancers as independent...more

Ballard Spahr LLP

DOL Issues Opinion Letter That May Provide Guidance on Independent Contractors in the Gig Economy

Ballard Spahr LLP on

The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more

Hogan Lovells

U.S. Department of Labor Opines: Gig Economy Workers for Virtual Marketplace Company Have “Economic Independence”; Are Not...

Hogan Lovells on

In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers.  Applying a six-factor test derived from U.S....more

Fisher Phillips

Differentiations Within The Gig Economy – USDOL's Take On Independent Contractors

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The U.S. Department of Labor issued an opinion letter this week confirming that certain service providers referred through a virtual marketplace company are, indeed, independent contractors for purposes of the federal Fair...more

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

DOL Opinion Letter Finds Gig Economy Service Providers to Be Independent Contractors

In what appears to be a first, the U.S. Department of Labor (DOL) has weighed in on the status of gig economy workers under the Fair Labor Standards Act (FLSA) in the form of an opinion letter. The DOL concluded that the...more

Foley & Lardner LLP

DOL Issues Opinion Letter Clarifying Employment Status in Gig Economy

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On April 29, 2019, the Department of Labor issued an opinion letter FLSA2019-6. In fall 2018, several employer groups sought clarification from the DOL on worker classification as employees versus independent contractors. In...more

FordHarrison

DOL Provides Roadmap to Avoid Misclassification of Gig Workers

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On April 29, 2019, the United States Department of Labor (DOL) released a new opinion letter, FLSA2019-6, examining whether service providers for a virtual marketplace company (VMC) are employees or independent contractors....more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

Labor Department Could Provide Opinion On The Gig Economy

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Bloomberg Law’s Jaclyn Diaz wrote a very interesting story earlier this week asking whether the U.S. Department of Labor (USDOL) would soon issue an opinion letter to aid gig economy companies with commonplace labor and...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

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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

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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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 were an unprecedented number of changes all through 2017. And if the first four months...more

Fisher Phillips

Gig Employers: An Old Friend Returns, Courtesy of the U.S. D(emand) O(pinion) L(etters)

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As reported on our Wage & Hour Law Blog just a few days ago, the U.S. Department of Labor (DOL) has announced that it will revive its historical practice of issuing Opinion Letters in response to specific inquiries from...more

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