News & Analysis as of

Independent Contractors Fair Labor Standards Act (FLSA) Nominations

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 -
Jackson Lewis P.C.

Nomination of Acting DOL Secretary Julie Su is Sent Back to the White House

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The nomination of Acting Secretary of Labor Julie Su to serve as permanent DOL Secretary has been returned to the White House after failing to garner sufficient support to clear a path to confirmation by the full Senate,...more

Jackson Lewis P.C.

Biden’s Labor Secretary Nominee Faces Scrutiny, Reveals Position on Independent Contractor and Joint Employer Policies

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Labor Secretary nominee Julie Su continues to face close scrutiny by Republican members of the Senate Committee on Health, Education, Labor, and Pensions, at least some of whom believe she is not qualified for the position....more

Jackson Lewis P.C.

Wage and Hour Division Nominee Clears First Senate Hurdle (Barely), Proposed Salary Increase for Overtime-Exempt Employees Appears...

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Last week, Senator Rand Paul (R-Ky.) was absent from the meeting of the Health, Education, Labor and Pensions Committee – and that spelled good news for the Biden Administration’s nominee to head the Wage and Hour Division...more

Littler

Restaurant and Business Leader Andy Puzder Picked to Lead the DOL

Littler on

President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more

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