News & Analysis as of

Employer Liability Issues Administrative Interpretation

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

McDermott Will & Emery

Hurry Up and Wait: Department of Labor Delays Implementation of New Worker Classification Regulations

McDermott Will & Emery on

Businesses strive to draw the line correctly on who is an employee versus who is an independent contractor. New regulations issued by the Department of Labor (DOL) in early January promised to help. See, 29 CFR §§795.100. But...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

Seyfarth Shaw LLP

OSHA Standard Interpretation Repeats Vague Warnings on Employee Use of Headphones in the Workplace

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....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

Bradley Arant Boult Cummings LLP

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 1 of 3)

Last July, we posted on the U.S. Department of Labor’s announcement that it was reviving its practice of publishing opinion letters as guidance on wage and hour issues, which the Obama Administration halted in 2010. After...more

Payne & Fears

Ninth Circuit Rejects DOL’s “80/20 Rule” for Sidework: What This Means for Employers of Tipped Employees

Payne & Fears on

The Ninth Circuit Court of Appeals recently rejected the U.S. Department of Labor’s (“DOL”) tip-credit guidance, commonly known as the “80/20 rule,” as well as its guidance on tasks unrelated to a tipped occupation. The...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

Franczek P.C.

DOL Will Again Issue Opinion Letters on FMLA, FLSA, and Other Sticky Employment Law Scenarios

Franczek P.C. on

The U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. The DOL has even established a new...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

Conn Maciel Carey LLP

[Webinar] OSHA Interpretations and Variances: Regulatory Strategies Resurrected in a Trump Administration - June 6th, 1:00pm ET

Conn Maciel Carey LLP on

A new world has just taken hold in Washington, DC, and with it, we expect OSHA to be much more open to employers’ views how regulatory programs should apply in their workplaces. This opens the door to regulatory strategies...more

Parker Poe Adams & Bernstein LLP

Can Employers Continue Post-Accident Drug and Alcohol Testing?

On January 1, the federal Occupational Safety and Health Administration’s (OSHA) new recordkeeping and reporting rule took effect. The main impact of this rule requires employers to electronically file annual injury and...more

Obermayer Rebmann Maxwell & Hippel LLP

US DOL and PA DOL Partner to Prevent Employee Misclassification

On August 4, 2016, the U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry (“PA DOL”) signed a memorandum of understanding (MOU) to coordinate efforts, by sharing information and...more

Miller Canfield

EEOC Issues New Guidance on Retaliation

Miller Canfield on

The Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance on Retaliation and Related Issues, marking the first time that the EEOC has issued a formal resource document on retaliation since...more

Smith Anderson

Department of Labor Issues Guidance on Joint Employment Under the FLSA and the MSPA

Smith Anderson on

The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more

Foley Hoag LLP

The Department of Labor Issues Guidance on Joint Employment

Foley Hoag LLP on

On January 20, 2016, the U.S. Department of Labor (DOL) issued an Administrator Interpretation regarding what arrangements will constitute joint employment under the Fair Labor Standards Act (FLSA). Under the FLSA, when an...more

Seyfarth Shaw LLP

Eighth Circuit Rejects OSHA’s Attempt to Expand the Scope of its Machine Guarding Standard

Seyfarth Shaw LLP on

In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent...more

Cooley LLP

Second Circuit Defers To SEC Interpretation Of “Whistleblower” For Purposes Of Retaliation Suit Under Dodd-Frank

Cooley LLP on

In Berman v. Neo@Ogilvy LLC, a three-judge panel of the Second Circuit reversed and remanded a decision of the SDNY, which had dismissed a claim for retaliation by a former employee on the basis that Dodd-Frank’s...more

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

Second Circuit Expands Protections for Internal Whistleblowers

As we forecast in our August 2015 post, “The SEC’s Interpretative Guidance on Internal Whistleblowing Under the Dodd-Frank Act,” a federal court of appeals today issued a decision in line with the U.S. Securities and Exchange...more

Fisher Phillips

Are Your Contractors Actually Employees? DOL Says Probably Yes

Fisher Phillips on

Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors...more

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