News & Analysis as of

Proposed Regulation Employee Definition

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

Troutman Pepper Locke on

Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

McDermott Will & Emery

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

McDermott Will & Emery on

On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Venable LLP

Employee or Independent Contractor: The Department of Labor Proposes a "New" Worker Classification Rule

Venable LLP on

​​​​​​​On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more

Rumberger | Kirk

Out with the New: Rescission of DOL 2021 Rule Could Make Independent Contractors Full-Time Employees

Rumberger | Kirk on

A newly proposed federal regulation could flip the script for employers across the country that utilize independent contractors in day-to-day business. A proposed rule by the Department of Labor Wage and Hour Division was...more

Foley & Lardner LLP

What’s Old is New Again: The DOL’s “New” Proposed Rule on Independent Contractors Returns to a Pre-Trump Test for Worker...

Foley & Lardner LLP on

On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers as independent contractors. ...more

McAfee & Taft

Rewind, revise and clarify: DOL takes aim at independent contractor regs

McAfee & Taft on

This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more

Littler

DOL Releases Proposed Regulation on Independent Contracting

Littler on

On September 22, 2020, the U.S. Department of Labor (DOL) released a long-anticipated proposed rule addressing when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Troutman Pepper Locke

NLRB Proposes Regulation to Prevent Students From Organizing

Troutman Pepper Locke on

As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more

McDermott Will & Emery

Timely Actions – Highly Compensated Excise Tax Deadline Imminent

McDermott Will & Emery on

As an update on an important matter that we raised during McDermott’s May 8 Tax Symposium, it is critical to promptly assess whether to report any excise taxes imposed under Section 4960 as the deadline for filing Form 4720...more

Epstein Becker & Green

U.S. Department of Labor Offers New Insight on the Misclassification of Independent Contractors

Epstein Becker & Green on

As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more

Epstein Becker & Green

Act Now Advisory: Massachusetts Passes Comprehensive Domestic Workers Law

On June 26, 2014, Massachusetts became the fourth state to pass a law designed to provide protections to domestic workers, which include nannies, housekeepers, caretakers of individuals in the home, and home companions. The...more

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