News & Analysis as of

Final Rules Independent Contractors

Jackson Lewis P.C.

Businesses Get a Break: DOL Won’t Enforce 2024 Independent Contractor Rule

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) will no longer apply the 2024 independent contractor final rule when analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Constangy, Brooks, Smith & Prophete, LLP

DOL reinstates Trump’s standard on independent contractors under FLSA

In recent years, the U.S. Department of Labor has regulated who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act. The substance of the regulations has whipsawed based on who was...more

Jackson Lewis P.C.

Employers Still Need to Abide 2024 Independent Contractor Rule Despite DOL Hints of Dropping It

Jackson Lewis P.C. on

In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The...more

Conn Maciel Carey LLP

MSHA Announces Temporary Stay of Silica Rule Compliance Deadline for Coal Mining

Conn Maciel Carey LLP on

In a significant turn of events for the coal mining sector, the Mine Safety and Health Administration (MSHA) has announced a temporary enforcement pause on its stringent respirable crystalline silica regulation. This...more

Bradley Arant Boult Cummings LLP

No Rest for the Weary: The Trump DOL Indicates Yet Another Change to Its Independent Contractor Classification Rule Is on the...

Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an...more

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

Foley & Lardner LLP on

We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

Jackson Lewis P.C.

Trump DOL Signals a Back-off from Defending Independent Contractor Rule

Jackson Lewis P.C. on

The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more

Proskauer - Law and the Workplace

White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking

As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency...more

Benesch

Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead

Benesch on

The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more

Holland & Knight LLP

The Trump Administration's Impact on Independent Transportation Contractors

Holland & Knight LLP on

Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more

King & Spalding

FTC Final Rule on Non-Competes: Employer Should Consider Compliance Preparations and Implications

King & Spalding on

At present, the Federal Trade Commission’s (FTC) final rule on non-competes (the “Rule”) is set to go into effect on September 4, 2024 for virtually every for-profit employer in the United States. Though legal...more

Kerr Russell

Prohibition on Non-Compete Clauses Applies to Equity-Based and Compensation-Based Agreements

Kerr Russell on

In April, the Federal Trade Commission released its final rule banning most non-compete clauses between companies and their employees and independent contractors. Unless the rule is enjoined by a court, it will take effect...more

Pillsbury - Propel

Don’t Be Fooled: Employers Cannot Circumvent Wage and Hour Rules by Classifying Workers as Contractors!

Pillsbury - Propel on

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

Perkins Coie

Washington State Tightens Noncompete Restrictions

Perkins Coie on

Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Houston Harbaugh, P.C.

The Coming Rule & Battle over Non-Compete Agreements

The battle over non-compete agreements is gearing up. The Federal Trade Commission voted last week to adopt a Final Rule, as promised back in January 2023, that largely bans non-competes. Lawsuits are being filed to block it....more

Spilman Thomas & Battle, PLLC

Everything Old is New Again: The Department of Labor Returns to the Past with Independent Contractors

It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor,...more

Smith Debnam Narron Drake Saintsing & Myers,...

Navigating the USDOL’s 2024 New Rule: Guidance for General Contractors and Commercial Construction Developers

On January 10, 2024, the United States Department of Labor released the Employee or Independent Contractor Classification Under the Fair Labor Standards Act Final Rule. The purpose and effect of the Final Rule is to revise...more

McCarter & English, LLP

Yes, the FTC Did Just (Try to) Ban Non-Compete Agreements. For Now.

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning nearly all non-compete agreements effective 120 days from the rule’s formal publication. The move, or something like it, has been...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 1, April 2024

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

Baker Donelson on

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

Hendershot Cowart P.C.

FTC Votes To Adopt Final Rule To Ban Non-Compete Agreements

Hendershot Cowart P.C. on

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish the “Non-Compete Clause Rule” to ban employers from entering into non-compete clauses with workers on or after the effective date. The rule will be...more

Tonkon Torp LLP

FTC Publishes Rule to Ban Most Noncompete Agreements

Tonkon Torp LLP on

Tuesday, the Federal Trade Commission released the long-awaited rule prohibiting most employers from enforcing or entering into noncompetition agreements with workers, including independent contractors. Historically,...more

Roetzel & Andress

Federal Trade Commission Follows Through on Promise to Issue Rule Banning Virtually All Non-Compete Agreements

Roetzel & Andress on

In January 2023, the Federal Trade Commission (FTC) published a proposed rule that would invalidate existing non-competition agreements and prohibit employers from entering into new non-competition agreements, with very...more

Lowenstein Sandler LLP

BREAKING: Federal Trade Commission Imposes Broad Non-Compete Ban and U.S. Department of Labor Increases Overtime Salary Threshold

Lowenstein Sandler LLP on

April 23, 2024, has been a very busy day on the employment front, with significant, far-reaching moves at the federal level. Non-Compete Ban- First, in a watershed vote during an open commission meeting today, the...more

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