News & Analysis as of

Misclassification Fair Labor Standards Act

What The Change In Course By The USDOL On Worker Classification Means For NJ Employers

As my colleague John Buckley wrote about in our Lehigh Valley Employment Blog, several weeks ago Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two Obama-era informal guidance...more

Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?

by Fox Rothschild LLP on

It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to be completely right, or totally wrong....more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

Department of Labor withdraws joint employer guidance

by 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

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

by 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

DOL Withdraws Interpretation of “Joint Employment” and “Independent Contractors” Rules: What Does this Mean for Me?

by PilieroMazza PLLC on

On Wednesday, June 7, 2017, Secretary of Labor Alexander Acosta announced that the U.S. Department of Labor (DOL) would be withdrawing two Administrative Interpretations issued during the previous administration regarding...more

DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractor Misclassification

Last week, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two Obama-era informal guidance documents. In 2015, the Department issued guidance regarding the misclassification of...more

Joint Employer Status Rebuffed?

by 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

Department of Labor Signals Move to Limit Definition of “Employment”

by Wilson Elser on

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the immediate withdrawal of the U.S. Department of Labor’s (DOL’s) 2015 and 2016 Administrative Interpretations regarding joint employment and independent...more

Are You My Employer? DOL Rescinds Obama-Era Joint Employer Guidance

by Miller & Martin PLLC on

The Department of Labor (DOL) announced its decision today to rescind two Obama-era guidance letters that aimed to expand the joint employer doctrine and limit the misclassification of workers under the Fair Labor Standards...more

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

by 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

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

by 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

The U.S. Department of Labor's Shift in Policy: A Win for Businesses?

by Clark Hill PLC on

On June 7, 2017, the Secretary of Labor announced that the Department of Labor is withdrawing its Obama-era Wage and Hour Administrator's Administrative Interpretations addressing joint employment and independent contractors....more

USDOL Withdraws Joint Employment and Independent Contractor Guidance

by 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

Trump Department of Labor Withdraws Obama-Era Administrator Interpretation Letters on Joint Employer and Worker Classification

by Saul Ewing LLP on

Signaling a clear departure from Obama-era enforcement priorities, the Trump Administration announced on June 7, 2017 that it has withdrawn two Department of Labor guidance documents on worker classification and joint...more

Not Yet Time To Pop Champagne Corks After IC Guidance Withdrawn

by 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

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

by 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

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

by 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

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

Department of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

by Perkins Coie on

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors...more

Secretary of Labor Withdraws Previous Guidance on Joint Employment and Independent Contractors

In a Department of Labor news release yesterday, new U.S. Secretary of Labor Alexander Acosta announced the withdrawal of two Obama-era Administrator Interpretations, effectively rolling back the scope of the Fair Labor...more

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

by Best Best & Krieger LLP on

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

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

DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

by Franczek Radelet 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

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

by 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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