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In today's labor market, classifying workers as employees or independent contractors is crucial, especially in diverse legal landscapes like the U.S., the UK, Spain, Germany, Mexico, the Netherlands, Italy and France. ...more
Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...more
Em importante que las empresas que operan en México se mantengan informados sobre cambios sustanciales a la Ley Federal del Trabajo dirigidos a proteger a los trabajadores de plataformas digitales. El Congreso mexicano...more
Businesses operating in Mexico should be aware of substantial changes to the Federal Labor Law aimed at protecting digital platform workers. Specifically, the National Congress of Mexico enacted a decree in December 2024...more
The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more
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
In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the fifth day of the holidays, my labor and...more
In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws. Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...more
The gig economy has had a substantial impact on employment nationwide, and Minnesota is no different. Minneapolis in particular has been a hotbed for disputes between rideshare companies and local lawmakers trying to increase...more
There are few areas in employment law that remain in a greater state of flux than the question of who a business can properly classify as an independent contractor. The differences between federal and state law can make the...more
This post is a summary of a more detailed Client Alert prepared by Gray Reed’s labor and employment practice group. Recall our recent post on the Department of Labor’s new “Economic Realities Test” for classifying...more
Introduction - After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act...more
On January 10, 2024, the U.S. Department of Labor (“Department”) published a final rule (“Final Rule”) for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The Final Rule rescinds the...more
The Department of Labor recently made key changes to its rules in a way that will affect the oil and gas sector. The new rule rescinds a Trump Administration rule that had simplified the process of classifying workers as...more
Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising...more
On January 9, 2024, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule regarding how to determine whether a worker qualifies as an employee or may be considered an independent...more
The Department of Labor’s final rule for classifying independent contractors replaces the previous Trump-era rule that emphasized two factors – control over the work performed and the worker’s opportunity for profit or loss –...more
The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more
On January 9, 2024, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule, which revises the criteria for determining whether a worker is an employee or independent contractor under the Fair Labor...more
Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as...more
On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more
On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). This final rule rescinds the...more
This week, the Department of Labor (“DOL”) released a final rule that changes the criteria for classifying independent contractors under federal law. We first wrote about the rule change back in October 2022 when the rule was...more