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Department of Labor (DOL) Administrative Interpretation Misclassification

Brownstein Hyatt Farber Schreck

Reality Check: U.S. Department of Labor Finalizes Worker Classification Rule

On Jan. 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced its final rule on Employee or Independent Contractor Classification. The announcement marks the end of a rulemaking process that started...more

Locke Lord LLP

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Locke Lord LLP on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

Bradley Arant Boult Cummings LLP

Who’s the Boss? U.S. DOL Issues Final Rule on Independent Contractor Status

Employers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from...more

Benesch

Clarifying Employee and Independent Contractor Status Under the Fair Labor Standards Act

Benesch on

On September 22, 2020, the Department of Labor (“DOL”) released a proposed rule providing a more employer-friendly interpretation of independent contractor status under the Fair Labor Standards Act. The proposed rule...more

Spilman Thomas & Battle, PLLC

Virtually Independent Contractors or Employees - Department of Labor Takes a Look

In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more

Fisher Phillips

Labor Department Faces Blowback After Gig Economy Opinion Letter

Fisher Phillips on

According to Bloomberg Law’s weekly “Punching In” column (an absolute must-read each week) that published today, some congressional leaders are not too pleased with the Labor Department after it published an opinion letter a...more

Ballard Spahr LLP

DOL Issues Opinion Letter That May Provide Guidance on Independent Contractors in the Gig Economy

Ballard Spahr LLP on

The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more

Vedder Price

United States Department of Labor Moves Hint at Policy Changes, but Employers Await Clarity

Vedder Price on

Presidential administration transitions almost always result in policy and enforcement initiative changes at the U.S. Department of Labor (DOL). This year appears to be no different, but it is not yet clear how some recent...more

Jaburg Wilk

Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

Jaburg Wilk on

Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify...more

Fisher Phillips

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Robinson+Cole Manufacturing Law Blog

The DOL Seeks to Change the Tide

While local state and city governments have been working to expand the scope of workplace protections, the Federal government has begun “undoing” some of the aggressive advancements of the Obama Administration....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

McAfee & Taft

Department of Labor withdraws joint employer guidance

McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Seyfarth Shaw LLP

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

Seyfarth Shaw LLP on

Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

Ruder Ware

Joint Employer Status Rebuffed?

Ruder Ware on

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be...more

Bass, Berry & Sims PLC

DOL Withdraws Obama-era Letters on Joint Employer and Classification Guidance

Bass, Berry & Sims PLC on

The unwinding continues. The U.S. Department of Labor (DOL) recently announced the withdrawal of the Obama administration’s previously issued informal guidance on independent contractors and joint employers....more

Foley & Lardner LLP

Trump Department of Labor Continues to Chip Away at Obama Wage & Hour Efforts - WHD Interpretive Guidance on Joint Employer and...

Foley & Lardner LLP on

On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD)...more

FordHarrison

USDOL Withdraws Joint Employment and Independent Contractor Guidance

FordHarrison on

The recent announcement by Secretary of Labor Alexander Acosta to rescind Administrator’s Interpretation Nos. 2015-1 and 2016-1 should allow employers more latitude to hire independent contractors by removing the restrictive...more

Fisher Phillips

Not Yet Time To Pop Champagne Corks After IC Guidance Withdrawn

Fisher Phillips on

Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more

Sherman & Howard L.L.C.

DOL Trashes Obama-Era “Guidance”

Wednesday the DOL announced that it was withdrawing two critical pieces of “guidance” issued under the Obama administration. The first piece addressed the DOL’s rather narrow view of who is an independent contractor (S&H...more

Payne & Fears

U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance

Payne & Fears on

In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration....more

Akin Gump Strauss Hauer & Feld LLP

DOL Withdraws Classification Guidance

On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing its 2015 and 2016 Administrative Interpretations regarding independent contractors and joint employment. Both interpretations were designed...more

Best Best & Krieger LLP

Department of Labor Rescinds Two Memos Broadening Joint Employer Liability - Impact on Court Decisions is Unclear

The Department of Labor’s decision this week to rescind two of its memos from the Obama administration regarding joint employer liability may be a hint of what’s to come under the new White House. The repealed memos...more

Franczek P.C.

DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

Franczek P.C. on

On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors. ...more

Fisher Phillips

USDOL Withdraws Independent-Contractor, Joint-Employment "Administrator Interpretations"

Fisher Phillips on

The U.S. Department of Labor announced today that it has withdrawn: - Administrator Interpretation No. 2016-1, entitled "Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...more

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