News & Analysis as of

Secretary of Labor Independent Contractors

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

Fox Rothschild LLP

A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration

Fox Rothschild LLP on

The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was confirmed to this post, by a small margin of 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

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

Beltway Buzz - April 2023 #2

Senate Committee Vets Biden’s Labor Pick. - On April 20, 2023, the U.S. Senate Committee on Health, Education, Labor and Pensions held a confirmation hearing on Acting Secretary of Labor Julie Su’s nomination to be...more

Jackson Lewis P.C.

Wage and Hour Division Nominee Clears First Senate Hurdle (Barely), Proposed Salary Increase for Overtime-Exempt Employees Appears...

Jackson Lewis P.C. on

Last week, Senator Rand Paul (R-Ky.) was absent from the meeting of the Health, Education, Labor and Pensions Committee – and that spelled good news for the Biden Administration’s nominee to head the Wage and Hour Division...more

McGlinchey Stafford

Department Of Labor Withdraws Final Rule On Independent Contractor Status

McGlinchey Stafford on

On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarified how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor - UPDATED May 2021

Husch Blackwell LLP on

On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Constangy, Brooks, Smith & Prophete, LLP

Biden DOL Officially Withdraws Trump Administration Independent Contractor Rule

On January 7, the outgoing Trump Administration published regulations that set forth new, more “business-friendly” standards for determining whether a worker was an independent contractor or an employee. The regulations were...more

Fisher Phillips

New Labor Secretary Says Gig Economy Workers Should Be Classified As Employees

Fisher Phillips on

Secretary of Labor Marty Walsh didn’t beat around the bush when he provided his first public thoughts about the gig economy workforce since assuming office. In an interview with Reuters released on Thursday, Walsh said “in a...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor

Husch Blackwell LLP on

On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Roetzel & Andress

Labor Secretary Walsh’s Challenging Agenda

Roetzel & Andress on

After a lengthy confirmation process last week, Marty Walsh was confirmed by the Senate as U.S. Labor Secretary. With the confirmation process finally behind Walsh, all eyes are now on his impending agenda for the Department...more

DirectEmployers Association

OFCCP Week In Review: February 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

What Employers Need To Know As Marty Walsh Tapped To Head Labor Department

Fisher Phillips on

Given the tumultuous news that occupied all of our attentions last week, you may have missed the announcement that President-elect Biden has nominated Boston Mayor Marty Walsh to be the next Secretary of Labor – the first...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - November 2020

Seyfarth Shaw LLP on

Stimulus, Vaccines, and Corona. OH MY! First, The Stimulus.  The status of additional stimulus remains where it has been as we have been tracking it for months, ever since the House passed the HEROES Act: nowhere. While the...more

Constangy, Brooks, Smith & Prophete, LLP

What's Happening Now In Labor Law

For your Labor Day Weekend enjoyment. Misclassifying workers does not violate the NLRA. The National Labor Relations Board issued a decision yesterday, ruling 3-1 that worker misclassification does not violate the National...more

Fisher Phillips

Labor Department Offers Hint It May Be Supportive Of Gig Companies In Misclassification Situations

Fisher Phillips on

Although the document itself is fairly dense and complex, specifically focusing on the home-care registry industry, the Labor Department’s latest field assistance bulletin could provide a helpful clue to gig economy companies...more

Fisher Phillips

March Misclassification Madness: Misclassification Updates in the Gig Economy

Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Fisher Phillips

Labor Secretary Acosta Says It Is Time to Embrace the Gig—I Mean, The “Entrepreneurial” Economy

Fisher Phillips on

The federal government has not meaningfully measured the contingent workforce since 2005. However, two economists, Lawrence Katz (Harvard) and Alan Krueger (Princeton), conducted a 2015 survey that is currently acknowledged...more

Fisher Phillips

Labor Secretary Again Speaks Out On The Gig Economy

Fisher Phillips on

U.S. Department of Labor Secretary Alexander Acosta made the news again this week due to his remarks on the ever-growing gig economy and the need for increased legislative attention on this topic. As we discussed in an...more

Fisher Phillips

Acosta Wants to Focus on the Gig Economy

Fisher Phillips on

The on-demand economy recently got some attention from a very powerful source. On October 25, U.S. Department of Labor Secretary Alexander Acosta stated during an event organized by the Jack Kemp Foundation that he believes...more

Fisher Phillips

Will Dealerships And Third-Party Detailers Continue To Face Increased DOL Scrutiny?

Fisher Phillips on

During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...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

McNees Wallace & Nurick LLC

Flurry of Activity by Trump Department of Labor, Including Action on the Enjoined FLSA Overtime Exemption Regulations

On April 27, 2017, the Senate confirmed R. Alexander Acosta as the Secretary of Labor.  More than four months after President Trump took office, the U.S. Department of Labor finally had a new leader....more

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