On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more
1/12/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
Illinois employers should be prepared to take on several new requirements in 2023 and take steps to ensure that their policies and practices are up to date with current Illinois laws. As previously highlighted by Benesch,...more
On Tuesday, October 11, 2022, the Biden Administration’s Department of Labor ("DOL") issued a proposed rule revising the agency’s approach to evaluating independent contractor status under federal wage & hour law. The...more
Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more
2/11/2022
/ Commercial Truck Drivers ,
Data-Sharing ,
Department of Labor (DOL) ,
Enforcement Priorities ,
Independent Contractors ,
Memorandum of Understanding ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Public Comment ,
Transportation Industry ,
Wage and Hour
On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more
5/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more
2/23/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Rescission ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
States and municipalities continue to take action to fill in the gaps left by federal legislation providing leave, including for reasons related to the ongoing COVID-19 pandemic. New York, New Jersey, and the City of...more
The State of Illinois and the City of Chicago have enacted several employment laws that will take effect on July 1, 2020. Employers with employees in Illinois or Chicago should take note of the following laws in order to...more