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Wage and Hour Proposed Rules Employee Definition

Littler

New Jersey’s Declaration of No Independence? Agency Issues Proposed Regulations on the ABC Test

Littler on

On April 28, 2025, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a press release announcing the publication of proposed regulations interpreting the “ABC test” used to determine whether workers...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Troutman Pepper Locke

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

Troutman Pepper Locke on

In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...more

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

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

Haynsworth Sinkler Boyd, P.A.

Newly Proposed Independent Contractor Test under FLSA; Extended Comment Period

The Department of Labor (DOL) has extended the public comment period on its newly proposed test to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). If adopted, the...more

Goodwin

DOL Proposes Rule Regarding Independent Contractor Status

Goodwin on

​​​​​​​The Wage and Hour Division of the U.S. Department of Labor (“DOL”) recently published a proposed rule (the “Proposed Rule”) that would modify DOL’s regulations for determining whether a worker is an employee or an...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

Fenwick & West LLP on

U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Stokes Wagner

When Are Employees Not Employees? An Ever-Changing Landscape

Stokes Wagner on

The Department of Labor recently issued a new proposed rule distinguishing between employees, who are covered by the Fair Labor Standards Act, and independent contractors, who are not. This follows on the heels of a rule...more

Brooks Pierce

DOL Publishes Proposed Rule for Employee or Independent Contractor Classification

Brooks Pierce on

On October 13, 2022, the U.S. Department of Labor (DOL) published its proposed rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA). The proposed rule would revert back to the...more

Husch Blackwell LLP

Department of Labor Proposes New Rule to Distinguish Independent Contractors from Employees

Husch Blackwell LLP on

Key Points- •On October 13, 2022 the Department of Labor (DOL) published a notice of proposed rulemaking advising that it intends to alter the test used to distinguish “independent contractors” from employees under the Fair...more

Constangy, Brooks, Smith & Prophete, LLP

The DOL’s proposed independent contractor regulations: What will change?

On Tuesday, we published a bulletin noting that the U.S. Department of Labor had issued proposed regulations on determining whether a worker was an “employee” or an “independent contractor” for purposes of the federal Fair...more

Parker Poe Adams & Bernstein LLP

Department of Labor Proposes New Contractor Rule

On Tuesday, the federal Department of Labor (DOL) released proposed rules intended to clarify when workers are employees as opposed to independent contractors under the Fair Labor Standards Act (FLSA). The FLSA governs...more

Hinshaw & Culbertson - Employment Law...

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

FordHarrison on

Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Holland & Knight LLP

U.S. Labor Department Issues Proposed Rule on Independent Contractors

Holland & Knight LLP on

Consistent with its June 2022 announcement, the U.S. Department of Labor (DOL) has issued a new proposed rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA)....more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

Polsinelli on

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Kilpatrick

DOL Proposes New Independent Contractor Rule

Kilpatrick on

Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more

Littler

Department of Labor Proposes New Rule for Independent Contractor Status

Littler on

On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

Warner Norcross + Judd

What’s Old Is New Again: DOL Proposes a Sort-of-New Employee v. Independent Contractor Rule

Warner Norcross + Judd on

Here we go again! It seems like lately, every time a new presidential administration is elected, we get new rules that overturn existing rules that often go back to other, even older rules....more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Proposes Withdrawal of Rules Clarifying Parameters of Employment Relationship

With a new Presidential administration comes a new Secretary of the United States Department of Labor (DOL), Boston mayor Marty Walsh. Walsh was a former union president and state representative before becoming mayor. The new...more

Troutman Pepper Locke

DOL Proposes New Rule Clarifying Independent Contractor Status

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Q: What do I need to know about the proposed federal rule on independent contractor classification? ...more

Miles & Stockbridge P.C.

DOL Publishes Proposed Rule Clarifying the Test to Determine Independent Contractor Status

On September 22, 2018 the Department of Labor ("DOL") issued proposed regulations explaining how to determine whether a worker should be classified as an employee covered under the Fair Labor Standards Act ("FLSA") or an...more

Bradley Arant Boult Cummings LLP

New Reality? DOL Publishes Proposed Rule on Independent Contractor Status

Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more

Dentons

Is a Worker an Employee or Independent Contractor? DOL Proposes New Rule

Dentons on

For many years, construction companies have been faced with the issue of whether they should treat a worker as an employee or independent contractor. Handling the issue incorrectly can have serious consequences. Various...more

Epstein Becker & Green

U.S. Department of Labor Proposes New Rule for Distinguishing Independent Contractors from Employees under the FLSA

Epstein Becker & Green on

On September 22, 2020, the U.S. Department of Labor (“DOL”) released its highly anticipated proposed rule for distinguishing independent contractors from employees under the Fair Labor Standards Act (“FLSA”)....more

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