News & Analysis as of

Independent Contractors Comment Period

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Proskauer - Labor Relations Update

Chamber of Commerce Lawsuit Pushes Back NLRB Joint-Employer Rule Start Date Again

On February 22, 2024, a judge in the Eastern District Court of Texas issued a stay which will delay the effective start date of the National Labor Relations Board’s (“NLRB”) new joint-employer rule by 14 days, from February...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...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

MoFo Employment Law Commentary (ELC)

Department Of Labor (“DOL”) Extends Comment Period Deadline For Proposed New Independent Contactor Test

Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards...more

Epstein Becker & Green

Video: California Privacy Exemptions Set to Expire, Status of DOL Independent Contractor Rule, D.C. Non-Compete Notices Take...

Epstein Becker & Green on

As featured in #WorkforceWednesday:  This week, we weigh in on the upcoming expiration of California’s privacy exemptions and how employers can develop preventative policies and procedures to effectuate employee rights under...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2022 #4

DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more

McDermott Will & Emery

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

McDermott Will & Emery on

On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Epstein Becker & Green

DOL Extends Comment Period for Proposed New Rule Regarding Independent Contractor Status

Epstein Becker & Green on

On October 25, 2022, the Department of Labor extended the comment period for its new proposed rule regarding independent contractor status under the Fair Labor Standards Act. While the comment period was originally set to...more

Venable LLP

Employee or Independent Contractor: The Department of Labor Proposes a "New" Worker Classification Rule

Venable LLP on

​​​​​​​On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more

Jackson Lewis P.C.

DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor Rule

Jackson Lewis P.C. on

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the...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

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Holland & Knight LLP

New Proposed Rule on Independent Contractors to Impact Trucking, Gig Economy and Other Companies

Holland & Knight LLP on

The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The proposed rule, published...more

Brooks Pierce

DOL Publishes Proposed Rule for Employee or Independent Contractor Classification

Brooks Pierce on

On October 13, 2022, the U.S. Department of Labor (DOL) published its proposed rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA). The proposed rule would revert back to the...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

Eversheds Sutherland (US) LLP

Notice of proposed rulemaking: Employee or independent contractor classification under the Fair Labor Standards Act?

​​​​​​​The US Department of Labor, Wage and Hour Division (DOL) released its Notice of Proposed Rulemaking (NPRM) pertaining to independent contractor analysis on October 11, 2022. The proposed rule is intended to revise the...more

Miles & Stockbridge P.C.

DOL Publishes Proposed Rule Clarifying Test to Determine Independent Contractor Status

Miles & Stockbridge P.C. on

Today (October 13, 2022), the Department of Labor (“DOL”) issued a proposed rule that would provide guidance on classifying workers as employees or independent contractors under the Fair Labor Standards Act (the “FLSA”). The...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

Holland & Knight LLP

U.S. Labor Department Issues Proposed Rule on Independent Contractors

Holland & Knight LLP on

Consistent with its June 2022 announcement, the U.S. Department of Labor (DOL) has issued a new proposed rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA)....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

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

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

52 Results
 / 
View per page
Page: of 3

"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.
- hide
- hide