DOL Withdraws Guidance on Joint Employment, Independent Contractors

Seyfarth Shaw LLP
Contact

On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOLs 2015 and 2016 Administrator Interpretations (AIs) on joint employment and independent contractors. These documents were statements of the Wage & Hour Division’s interpretations of the FLSAs (and Migrant and Seasonal Agricultural Worker Protection Act’s) definitions of employ, employer, and employee. The withdrawal does not change the law; it simply removes as the DOLs position those statements made in the AIs.

The withdrawal likely indicates a changing focus in the Department’s enforcement efforts away from the “fissured” industry initiative of the Obama Administration. We may get additional insight when Secretary Acosta testifies before the House Labor appropriations subcommittee to discuss the Trump Administration budget.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Seyfarth Shaw LLP | Attorney Advertising

Written by:

Seyfarth Shaw LLP
Contact
more
less

Seyfarth Shaw LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.