News & Analysis as of

Regulatory Reform Wage and Hour Independent Contractors

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...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

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...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

Polsinelli

DOL Abandons 2024 Independent Contractor Test

Polsinelli on

What You Need to Know - The U.S. Department of Labor has announced it will no longer enforce the 2024 independent contractor rule under the Fair Labor Standards Act (FLSA), reverting to the more employer-friendly 2008...more

Foley & Lardner LLP

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

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...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

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more

Lathrop GPM

U.S. DOL Likely to Alter Employee vs. Independent Contractor Classification Rules Under FLSA

Lathrop GPM on

Newly published guidance may mean it will be easier for employers to classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA)....more

Brooks Pierce

Update: DOL Investigators Directed Not to Apply 2024 Independent Contractor Rule

Brooks Pierce on

New U.S. DOL Guidance on Independent Contractor vs. Employee Analysis -On May 1, 2025, the U.S. Department of Labor (“U.S. DOL”) Wage & Hour Division issued a field assistance bulletin (“FAB”) to guide investigators on...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

Jackson Lewis P.C.

Final Touches: President Trump Rounds Out DOL Leadership with Two Nominees

Jackson Lewis P.C. on

President Donald Trump has nominated Andrew Rogers to lead the Department of Labor’s (DOL’s) Wage and Hour Division (WHD). He also nominated Jonathan Berry to serve as solicitor of labor. Trump sent the nominations to the...more

Buchalter

New Year, New Rules: Turning Up the Heat on California’s 2025 Employment Law Changes

Buchalter on

As the new year approaches, several critical legislative changes in employment law will take effect on January 1, 2025, unless specified otherwise. California employers face a dynamic regulatory landscape in 2025, with...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Robinson+Cole Manufacturing Law Blog

Thought The Government was Closed? The Manufacturers’ Smorgasbord!

This week’s post is somewhat breathless because so much happened or is about to happen. You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right...more

Ballard Spahr LLP

Make a U-Turn Now: NLRB Re-Writes Independent Contractor Test

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

Littler on

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

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