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Corporate Counsel Department of Labor (DOL) Misclassification

Locke Lord LLP

Court Challenges Filed to Final Independent Contractor Rule – But Does It Really Matter?‎

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As discussed in our QuickStudy of January 9, the U.S. Department of Labor has issued its long-awaited final rule setting forth its version of the test for independent contractor status under the federal Fair Labor Standards...more

Hahn Loeser & Parks LLP

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and...more

Locke Lord LLP

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Locke Lord LLP on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

Littler

Department of Labor and IRS Intensify Cooperation on Worker Misclassification

Littler on

On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for...more

Poyner Spruill LLP

Avoid Classification Missteps: DOL Proposes New Rule For Determining Independent Contractor Status

Poyner Spruill LLP on

Last month, the U.S. Department of Labor published a proposed rule to modify the federal guidelines for determining how to properly classify an individual as an independent contractor or employee under the Fair Labor...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

Department of Labor Proposes New Rule for Independent Contractor Status

Littler on

On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

Locke Lord LLP

The Labor Department’s Independent Contractor Rule Has Little if No Legal Impact but Is Likely To Cause Anxiety for Stakeholders

Locke Lord LLP on

The Biden Administration’s Labor Department earlier today issued a proposed regulation that seeks to define the worker classification test for independent contractor or employee status under the Fair Labor Standards Act...more

Fisher Phillips

Labor Department Proposes to Rescind Flexible Independent Contractor Test and Re-Impose Outdated Standard: 5 Key Questions

Fisher Phillips on

Any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model under a proposed rule that the U.S. Department of Labor (DOL) just released yesterday. The...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

Fisher Phillips on

In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

Department of Labor Proposes to Roll Back Joint Employment, Independent Contractor Rules

Littler on

On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more

Stoel Rives - World of Employment

DOL Delays Roll-Out of New Independent Contractor Rule

Another day, another Trump-era Department of Labor (“DOL”) rule that’s been put on the shelf for 60 days.  Last week, we blogged about the Biden DOL’s decision to delay the rollout of the tip rules that the Trump DOL adopted...more

Amundsen Davis LLC

[Webinar] The Biden Administration: What Businesses Need to Know - Major Labor & Employment Changes Today and Tomorrow under the...

Amundsen Davis LLC on

The Biden administration is signaling significant policy shifts. Business owners and C-Suite executives are encouraged to join us for a series of complimentary webcasts discussing these likely changes and how they will impact...more

Sherman & Howard L.L.C.

DOL Retracts Opinion Finding Virtual Marketplace Workers Independent Contractors

Classifying “gig” workers as independent contractors, rather than employees, continues to be a risky business. While things were looking like they were heading in a different direction for a while (e.g. in 2017 and 2020),...more

Benesch

Department of Labor Withdraws Gig Economy Opinion Letter that Supported Independent Contractor Classification

Benesch on

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

Fisher Phillips

Biden DOL Shreds Trump-Era Gig Economy Guidance Letter

Fisher Phillips on

The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step friday as the Department of Labor (DOL) withdrew a guidance...more

Fisher Phillips

January 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Vinson & Elkins LLP

First Shot Fired Across Bow Of New Independent Contractor Rule

Vinson & Elkins LLP on

The Trump administration’s Department of Labor, Wage and Hour Division (the “WHD”) published its final independent contractor rule on January 7, 2021, with a related effective date of March 8...more

Stoel Rives - World of Employment

DOL Publishes Final Independent Contractor Rule to Take Effect in March

The U.S. Department of Labor (“DOL”) published a final rule addressing independent contractor status under the Fair Labor Standards Act (“FLSA”).  Independent contractor status is a critical question under the FLSA because...more

Smith Anderson

DOL Announces Final Rule on Classification as Independent Contractor or Employee

Smith Anderson on

On January 7, 2021, the federal Department of Labor (DOL) published its final rule for determining whether a worker is an independent contractor or an employee for purposes of the Fair Labor Standards Act (FLSA). According to...more

Burr & Forman

Department of Labor Announces Final Rule on Independent Contractor Status Under the Fair Labor Standards Act

Burr & Forman on

On January 6, 2021, the U.S. Department of Labor (“DOL”) announced its Final Rule to provide guidance on determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). ...more

Brownstein Hyatt Farber Schreck

Department of Labor Issues Final Independent Contractor Rule

On Monday, Dec. 21, 2020, the Department of Labor (DOL) submitted a final rule to the White House Office of Information and Regulatory Affairs (OIRA) for review—the rule aims to make it easier for employers to use independent...more

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