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Fair Labor Standards Act (FLSA) Proposed Rules Economic Realities Test

Harris Beach Murtha PLLC

DOL Pauses Enforcement of 2024 Rule on Independent Contractor Classifications

In February 2024, we reported the U.S. Department of Labor (DOL) issued a Final Rule revising the DOL’s guidance on how to analyze who is an employee or independent contractor for purposes of minimum wage and overtime pay...more

Epstein Becker & Green

DOL Shelves Independent Contractor Rule

Epstein Becker & Green on

On May 1, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (Division) issued Field Assistance Bulletin (FAB) No. 2025-1 (“FAB 2025-1”), announcing that it is currently working to reformulate the test as to...more

Troutman Pepper Locke

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

Troutman Pepper Locke on

In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...more

Cooley LLP

US Department of Labor Issues Proposed Rule on Independent Contractor Status

Cooley LLP on

On October 11, 2022, the Department of Labor (DOL) announced a proposed rule that would reinstate the “economic reality” test for determining whether a worker is an independent contractor or an employee under the Fair Labor...more

Goodwin

DOL Proposes Rule Regarding Independent Contractor Status

Goodwin on

​​​​​​​The Wage and Hour Division of the U.S. Department of Labor (“DOL”) recently published a proposed rule (the “Proposed Rule”) that would modify DOL’s regulations for determining whether a worker is an employee or an...more

McNees Wallace & Nurick LLC

DOL Proposes a Roll Back of Trump-Era FLSA Independent Contractor Rule

Last week, the U.S. Department of Labor introduced a proposed rule to update its test for determining whether a worker is an employee under the Fair Labor Standards Act (the “FLSA”).  If implemented, the proposed rule would...more

Stokes Wagner

When Are Employees Not Employees? An Ever-Changing Landscape

Stokes Wagner on

The Department of Labor recently issued a new proposed rule distinguishing between employees, who are covered by the Fair Labor Standards Act, and independent contractors, who are not. This follows on the heels of a rule...more

Bond Schoeneck & King PLLC

DOL Proposes New Rule For Independent Contractor Classification

On Oct. 11, 2022, the U.S. DOL of Labor (DOL) released a Notice of Proposed Rulemaking that would revise the analysis for determining independent contractor status under the Fair Labor Standards Act (FLSA). The proposed...more

Husch Blackwell LLP

Department of Labor Proposes New Rule to Distinguish Independent Contractors from Employees

Husch Blackwell LLP on

Key Points- •On October 13, 2022 the Department of Labor (DOL) published a notice of proposed rulemaking advising that it intends to alter the test used to distinguish “independent contractors” from employees under the Fair...more

Bowditch & Dewey

Department of Labor Seeks to Alter Independent Contractor Classification

Bowditch & Dewey on

On October 13, 2022, the United States Department of Labor (DOL) published a proposed rule that seeks to alter the test for determining whether a worker is an independent contractor or an employee under the federal Fair Labor...more

Constangy, Brooks, Smith & Prophete, LLP

The DOL’s proposed independent contractor regulations: What will change?

On Tuesday, we published a bulletin noting that the U.S. Department of Labor had issued proposed regulations on determining whether a worker was an “employee” or an “independent contractor” for purposes of the federal Fair...more

Morgan Lewis

US Department of Labor Publishes Independent Contractor Proposed Rule

Morgan Lewis on

The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more

Parker Poe Adams & Bernstein LLP

Department of Labor Proposes New Contractor Rule

On Tuesday, the federal Department of Labor (DOL) released proposed rules intended to clarify when workers are employees as opposed to independent contractors under the Fair Labor Standards Act (FLSA). The FLSA governs...more

Faegre Drinker Biddle & Reath LLP

New Proposed Rule on Independent Contractors: DOL’s Latest Plan for Overhaul of the Existing Standard

On October 11, 2022, the U.S. Department of Labor (DOL) issued a new proposed rule that is more aligned with judicial precedent than a previous proposal regarding whether a worker is an employee or an independent contractor...more

Ballard Spahr LLP

U.S. Department of Labor Issues Proposed Rule on Independent Contractor Status

Ballard Spahr LLP on

On October, 11, 2022, the U.S. Department of Labor (DOL) 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.  The...more

Epstein Becker & Green

DOL Proposes New Rule Regarding Independent Contractor Status

Epstein Becker & Green on

In light of the federal court ruling reinstating the Trump-era independent contractor regulation (discussed here), on October 13, 2022, the Department of Labor published a Notice of Proposed Rulemaking regarding independent...more

Adams & Reese

DOL Unveils Updated Independent Contractor Rule

Adams & Reese on

On Tuesday, October 11, the Department of Labor (DOL) issued new guidelines for categorizing independent contractors and employees per the Fair Labor Standards Act. The proposed rule is an overhaul of the existing guidelines...more

Kilpatrick

DOL Proposes New Independent Contractor Rule

Kilpatrick on

Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...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

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

Troutman Pepper Locke

Over 1,500: The Number of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Status

Troutman Pepper Locke on

In response to the U.S. Department of Labor’s proposed regulation on independent contractor status under the Fair Labor Standards Act, over 1,500 individuals and organizations have already filed comments prior to the deadline...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Epstein Becker & Green

U.S. Department of Labor Proposes New Rule for Distinguishing Independent Contractors from Employees under the FLSA

Epstein Becker & Green on

On September 22, 2020, the U.S. Department of Labor (“DOL”) released its highly anticipated proposed rule for distinguishing independent contractors from employees under the Fair Labor Standards Act (“FLSA”)....more

Snell & Wilmer

There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law

Snell & Wilmer on

While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of...more

Jones Day

Adjusting to New Economic Realities: Department of Labor Proposes Worker Classification Test

Jones Day on

The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more

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