News & Analysis as of

Obama Administration Administrative Interpretation

Parker Poe Adams & Bernstein LLP

DOL Reinstates Bush-Era Wage and Hour Opinion Letters

Last year, the U.S. Department of Labor’s Wage and Hour Division announced its intent to again issue opinion letters in response to wage payment questions posed to the agency by employers and employees. Last month, DOL...more

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

An Early Groundhog Day: DOL Reissues 17 Opinion Letters That Had Been Withdrawn in 2009

On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide range of topics under the Fair Labor Standards Act (FLSA). The former acting administrator of the DOL’s...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

Foley & Lardner LLP

In Pro-Employer Move, Trump Administration Withdraws DOL Guidance Letters

Foley & Lardner LLP on

President Trump’s reputation as a no-holds-barred businessman was one of the pillars of his campaign. Six months into office, Trump’s administration is showing its pro-business (or pro-employer) tendencies through recent...more

Fisher Phillips

Gig Employers: An Old Friend Returns, Courtesy of the U.S. D(emand) O(pinion) L(etters)

Fisher Phillips on

As reported on our Wage & Hour Law Blog just a few days ago, the U.S. Department of Labor (DOL) has announced that it will revive its historical practice of issuing Opinion Letters in response to specific inquiries from...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

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

Foley Hoag LLP

DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractors

Foley Hoag LLP on

On June 7, 2017, the United States Department of Labor (“DOL”) announced that it is withdrawing the prior Administration’s guidance on joint employment and independent contractors. The Obama Administration had issued...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

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

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

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