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Independent Contractors Fair Labor Standards Act (FLSA) Proposed Regulation

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 -
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

Rumberger | Kirk

Out with the New: Rescission of DOL 2021 Rule Could Make Independent Contractors Full-Time Employees

Rumberger | Kirk on

A newly proposed federal regulation could flip the script for employers across the country that utilize independent contractors in day-to-day business. A proposed rule by the Department of Labor Wage and Hour Division was...more

Foley & Lardner LLP

What’s Old is New Again: The DOL’s “New” Proposed Rule on Independent Contractors Returns to a Pre-Trump Test for Worker...

Foley & Lardner LLP on

On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers as independent contractors. ...more

Davis Wright Tremaine LLP

DOL Proposes New Regulation Regarding Employees vs. Independent Contractors

Today the U.S. Department of Labor (DOL) published a new proposed rule defining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed regulation would move the "economic...more

McAfee & Taft

Rewind, revise and clarify: DOL takes aim at independent contractor regs

McAfee & Taft on

This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more

Locke Lord LLP

No Major Changes; Impact of Final Independent Contractor Regulation Issued Today ‎Is Questionable

Locke Lord LLP on

On the day the U.S. Department of Labor issued a proposed regulation regarding the classification status of independent contractors, we reported here that the regulation, once finalized, would be “much ado about (almost)...more

Hinshaw & Culbertson - Employment Law...

DOL Proposes New Regulations for Determining Independent Contractor Status under FLSA

Last week, the Department of Labor (DOL) proposed new regulations designed to make it easier for companies to determine whether workers can be classified as independent contractors. The DOL proposed an "economic reality" test...more

Bond Schoeneck & King PLLC

The U.S. Department of Labor Issues Proposed Regulations to Determine Independent Contractor Status Under the Fair Labor Standards...

On September 22, 2020, the U.S. Department of Labor (USDOL) issued proposed regulations regarding the determination of whether an individual is an employee under the Fair Labor Standards Act (FLSA) or an independent...more

Foley & Lardner LLP

DOL Proposing to Make it Easier to Classify Workers as Independent Contractors

Foley & Lardner LLP on

Ensuring the proper classification of workers is a concern for many employers. Soon, it may become easier for employers to classify workers as independent contractors, thereby excluding more workers from overtime pay under...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Proposes Definition of Independent Contractors

On Tuesday, the federal Department of Labor issued proposed regulations defining the difference between employees and independent contractors under the Fair Labor Standards Act. If finalized and deferred to by courts, these...more

Littler

DOL Releases Proposed Regulation on Independent Contracting

Littler on

On September 22, 2020, the U.S. Department of Labor (DOL) released a long-anticipated proposed rule addressing when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Locke Lord LLP

Much Ado About (Almost) Nothing: The Labor Department’s New Proposed Independent Contractor Classification Rule

Locke Lord LLP on

Yesterday, the U.S. Labor Department issued a proposed regulation addressing the classification criteria of workers as independent contractors or employees under the Fair Labor Standards Act (FLSA). Unlike regulations with...more

Fisher Phillips

Gig Economy Companies May Soon Get Benefit Of Federal Misclassification Rule

Fisher Phillips on

The formal regulatory notice released July 1st, 2020, is so short and sterile that the average gig economy business could be forgiven for ignoring it: “The Department of Labor is proposing a regulation for determining...more

Epstein Becker & Green

U.S. Department of Labor Offers New Insight on the Misclassification of Independent Contractors

Epstein Becker & Green on

As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more

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