Trump Administration, Proposed Rules, Employee Definition

DOL reinstates Trump’s standard on independent contractors under FLSA

Constangy, Brooks, Smith & Prophete, LLP on 5/7/2025

In recent years, the U.S. Department of Labor has regulated who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act. The substance of the regulations has whipsawed based on who was...more

White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking

Proskauer - Law and the Workplace on 1/27/2025

As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency...more

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

McDermott Will & Schulte on 10/28/2022

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

The Haunting Return of the Economic Reality Test: U.S. Department of Labor Proposes Resurrecting the Pre-Trump Era...

Sheppard Mullin Richter & Hampton LLP on 10/27/2022

On October 13, 2022, the U.S. Department of Labor (“DOL”) published its proposed rule regarding the classification of employees and independent contractors under the Fair Labor Standards Act (“FLSA”) in an attempt to resolve...more

Clarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. Employee

Bradley Arant Boult Cummings LLP on 10/14/2022

If you were just getting comfortable with the DOL’s final rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11,...more

DOL Proposes Independent Contractor Rule Shielding Companies from Costly Federal Misclassification Claims

Steptoe & Johnson PLLC on 9/25/2020

On September 22, 2020, the Department of Labor (“DOL”) unveiled a new, proposed rule for classifying workers as either independent contractors or employees. This is important because employees are covered by the federal...more