The Burr Broadcast: New Independent Contractor Rule
Although companies may be tempted to classify workers as contractors to circumvent wage and hour rules, this is the classic example of penny-wise and pound foolish. Misclassification of employees as contractors can lead to...more
On January 10, 2024, the Wage and Hour Division of the United States Department of Labor (“DOL”) published a final rule (the “Final Rule”), which became effective on March 11, 2024, modifying the DOL’s guidance on how to...more
On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more
In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more
Introduction - After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act...more
Following multiple delays, and after ongoing litigation stalled its previous rulemaking attempts, the U.S. Department of Labor issued its long-anticipated independent contractor final rule on Tuesday, January 10, 2024,...more
The latest final rule on independent contractors issued by the U.S. Department of Labor (DOL) returns to the economics reality test effective March 11, 2024. This final rule rescinds the rule published at the end of the Trump...more
The Department of Labor recently made key changes to its rules in a way that will affect the oil and gas sector. The new rule rescinds a Trump Administration rule that had simplified the process of classifying workers as...more
Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising...more
On January 9, 2024, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule regarding how to determine whether a worker qualifies as an employee or may be considered an independent...more
On January 10, 2024, the U.S. Department of Labor (DOL) published a Final Rule revising its prior guidance on how to determine whether an individual may properly be classified as an independent contractor under the Fair Labor...more
A few weeks ago, we brought you news that the Department of Labor (DOL) dropped a new independent contractor rule under the Fair Labor Standards Act (FLSA) that arguably leans in favor of employees. And, as we predicted, the...more
The U.S. Department of Labor (“DOL”) announced a final rule revising its guidance on how to analyze whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more
The U.S. Department of Labor (the “DOL”) recently issued a final rule (the "2024 Rule") which reverts the independent contractor analysis back to a multifactor, totality-of-the-circumstances review that, as compared to the...more
The Department of Labor’s final rule for classifying independent contractors replaces the previous Trump-era rule that emphasized two factors – control over the work performed and the worker’s opportunity for profit or loss –...more
The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on...more
The issue of who is an independent contractor can be tricky, particularly in the age of technology. If an employer misclassifies an individual as an independent contractor, there are a number of penalties for which the...more
On January 10, 2024, the U.S. Department of Labor ("DOL") issued a final rule to provide guidance to employers in determining whether a worker should be classified as an employee or an independent contractor under the Fair...more
On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act. ...more
The Department of Labor has long labored to rein in the practice by some employers of labeling workers as independent contractors instead of employees to avoid the requirements under the Fair Labor Standards Act (FLSA) to pay...more
On January 9, 2024, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule, which revises the criteria for determining whether a worker is an employee or independent contractor under the Fair Labor...more
The U.S. Department of Labor has published its final rule on how to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA). The rule is effective March 11, 2024, and...more
Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as...more
On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more
Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” - Legal Standard Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms...more