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Department of Labor (DOL) ABC Test

Ervin Cohen & Jessup LLP

Department of Labor Revises Independent Contractor Test

On March 11, 2024, the U.S. Department of Labor’s (“DOL”) revised independent contractor test took effect, under a Final Rule issued by the Wage and House Division of DOL. The rule for Employee or Independent Contractor...more

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Trusaic

How to Comply with the New DOL Independent Contractor Rule

Trusaic on

The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. ...more

Fenwick & West LLP

Department of Labor Finalizes Rule for Classifying Independent Contractors Under Fair Labor Standards Act

Fenwick & West LLP on

On January 10, 2024, the U.S. Department of Labor released its final rule for determining worker classification under the Fair Labor Standards Act (“FLSA”). The final rule returns to the economic reality test historically...more

Steptoe & Johnson PLLC

Do You Still Need to Know Your ABCs? Not Under the DOL’s New Rule on Employees and Independent Contractors

Steptoe & Johnson PLLC on

On January 10, 2024, the Department of Labor (DOL) published the long-awaited final rule titled, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the Rule), which provides new guidance...more

Woods Rogers

Department of Labor’s New Employee Classification Rule

Woods Rogers on

The Department of Labor (DOL) recently announced a final rule covering when workers may be classified as independent contractors. The new rule, available in full on the Federal Register, is effective March 11, 2024, so...more

Stark & Stark

United States DOL Narrows Independent Contractor Classification

Stark & Stark on

Effective March 11, 2024, the new independent contractor rule from the United States Department of Labor (DOL) takes effect. This rule change restores an earlier standard that required employers to weigh several factors in...more

Burr & Forman

The Burr Broadcast: New Independent Contractor Rule

Burr & Forman on

In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

Perkins Coie

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

Perkins Coie on

The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

Obermayer Rebmann Maxwell & Hippel LLP

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” Legal Standard

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” - Legal Standard Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms...more

DirectEmployers Association

DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule

In this episode, Candee is joined by employment law expert Jay J. Wang to discuss the WHD's recently published Final Rule regarding employee and independent contractor classification, the six factors used to test which...more

Snell & Wilmer

U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

Snell & Wilmer on

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on...more

Fisher Phillips

PEO Pointers: New Contractor Rule Means PEOs Need to Do These 4 Things

Fisher Phillips on

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance...more

Foley Hoag LLP

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

Foley Hoag LLP on

The new rule makes it more difficult under federal law to classify workers as independent contractors. The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Fisher Phillips

Businesses Will Struggle to Classify Workers as Independent Contractors Thanks to New DOL Rule: 5 Takeaways

Fisher Phillips on

Businesses will soon find it harder to classify workers as independent contractors thanks to key changes made by the U.S. Department of Labor (DOL) today. The Biden administration officially rescinded a rule that made it...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

BakerHostetler on

When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Jackson Lewis P.C.

Nomination of Acting DOL Secretary Julie Su is Sent Back to the White House

Jackson Lewis P.C. on

The nomination of Acting Secretary of Labor Julie Su to serve as permanent DOL Secretary has been returned to the White House after failing to garner sufficient support to clear a path to confirmation by the full Senate,...more

Butler Snow LLP

Atlanta Opera: The NLRB Faces the Independent Contractor Music Once More

Butler Snow LLP on

On June 13, 2023, the National Labor Relations Board (NLRB) released a decision, referred to as Atlanta Opera Inc. (372 NLRB No. 95), that marks a shift in the applicable test for whether a worker qualifies as an independent...more

DarrowEverett LLP

The Show Must Go On: Entertainer-Employee Classification Takes Center Stage for Venues

DarrowEverett LLP on

It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the...more

Jackson Lewis P.C.

Biden’s Labor Secretary Nominee Faces Scrutiny, Reveals Position on Independent Contractor and Joint Employer Policies

Jackson Lewis P.C. on

Labor Secretary nominee Julie Su continues to face close scrutiny by Republican members of the Senate Committee on Health, Education, Labor, and Pensions, at least some of whom believe she is not qualified for the position....more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Obermayer Rebmann Maxwell & Hippel LLP

Independent Contractors: New Department of Labor Guidance Spotlights the Pitfalls of Misclassification

​​​​​​​Employers often find themselves with a sudden need for additional temporary coverage for one or more areas of their business. Maybe a mission-critical but discrete project awaits completion: you need the labor but only...more

MoFo Employment Law Commentary (ELC)

Department Of Labor (“DOL”) Extends Comment Period Deadline For Proposed New Independent Contactor Test

Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards...more

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