News & Analysis as of

Independent Contractors Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
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

Ervin Cohen & Jessup LLP

Employer Alert: Department of Labor Withdraws Guidance on Independent Contractors and Joint Employment

The U.S. Department of Labor (DOL) recently announced that the Obama-era administrative interpretations regarding joint employment and the classification of a worker as an independent contractor or employee has been...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

McAfee & Taft

Department of Labor withdraws joint employer guidance

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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

Ruder Ware

Joint Employer Status Rebuffed?

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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

Smith Anderson

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

Smith Anderson on

Last week, the United States Department of Labor (DOL) withdrew two Wage and Hour Administrator’s Interpretations, one on classification of workers as independent contractors and the other on joint employment. The...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

PilieroMazza PLLC

Weekly Update Newsletter - June 2017

PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals - The U.S. Small Business Administration (“SBA”) has amended the rules of practice of its Office of Hearings...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

Ballard Spahr LLP

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...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

Jackson Lewis P.C.

DOL Withdraws Joint Employer And Independent Contractor Administrator’s Interpretations

Jackson Lewis P.C. on

U.S. Secretary of Labor Alexander Acosta announced on June 7, 2017, the immediate withdrawal of two Wage and Hour Division Administrator’s Interpretations (“AIs”) on joint employment and independent contractor status issued...more

Fox Rothschild LLP

Administrator Interpretations Rescinded By Secretary Of Labor: Does It Make A Difference?

Fox Rothschild LLP on

The Obama DOL had issued two so-called “white papers” one on independent contractor status (Administrator Interpretation No 2015-1).and the other on joint employer status (Administrator Interpretation No. 2016-1). These...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

Miller Canfield

The Department of Labor Withdraws Obama Era Independent Contractor and Joint Employer Guidance

Miller Canfield on

The U.S. Department of Labor has indicated that the department will move in a new, more employer-friendly direction, leaving many businesses feeling hopeful. On June 7, 2017, the United States Department of Labor issued a...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

Spilman Thomas & Battle, PLLC

SuperVision Today - June 2017

Editor's Note - Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...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

Fisher Phillips

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

Fisher Phillips on

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

Littler

DOL Withdraws Joint Employer and Independent Contractor Guidance

Littler on

In a three-sentence press release, Labor Secretary Alexander Acosta announced the withdrawal of two Wage and Hour Administrator's Interpretations (AIs) on joint employment and independent contractors. While the AIs were not...more

K&L Gates LLP

DOL Issues New Guidance on Independent Contractors

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The misclassification of employees as independent contractors continues to be a hot issue and to receive attention at the state and federal levels. Last week, the U.S. Department of Labor, Wage and Hour Division (“DOL”)...more

Mintz - Employment, Labor & Benefits...

DOL Releases Guidance Indicating That Independent Contractor Classification is Restricted to a Narrow Class of Workers

The DOL is at it again. First it was the highly-anticipated release of the proposed overtime rules a few weeks ago, and now the Department’s Wage and Hour Division has issued an “Administrator’s Interpretation” – its first...more

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