News & Analysis as of

Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

United States Department of Labor Moves Hint at Policy Changes, but Employers Await Clarity

by Vedder Price on

Presidential administration transitions almost always result in policy and enforcement initiative changes at the U.S. Department of Labor (DOL). This year appears to be no different, but it is not yet clear how some recent...more

Employer Alert: Department of Labor Withdraws Guidance on Independent Contractors and Joint Employment

by Ervin Cohen & Jessup LLP on

The U.S. Department of Labor (DOL) recently announced that the Obama-era administrative interpretations regarding joint employment and the classification of a worker as an independent contractor or employee has been...more

DOL Reinstates the Issuance of Opinion Letters

by Pessin Katz Law, P.A. on

On June 27, 2017, the U.S. Department of Labor (“DOL”) announced it will reinstate the issuance of opinion letters (the “letters”), a practice not followed since 2010. The letters allow the DOL’s Wage and Hour Division...more

Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

by Jaburg Wilk on

Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Joint Employer Status Rebuffed?

by Ruder Ware on

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be...more

U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance

by Smith Anderson on

Last week, the United States Department of Labor (DOL) withdrew two Wage and Hour Administrator’s Interpretations, one on classification of workers as independent contractors and the other on joint employment. The...more

Department of Labor Signals Move to Limit Definition of “Employment”

by Wilson Elser on

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the immediate withdrawal of the U.S. Department of Labor’s (DOL’s) 2015 and 2016 Administrative Interpretations regarding joint employment and independent...more

DOL Withdraws Obama-era Letters on Joint Employer and Classification Guidance

by Bass, Berry & Sims PLC on

The unwinding continues. The U.S. Department of Labor (DOL) recently announced the withdrawal of the Obama administration’s previously issued informal guidance on independent contractors and joint employers....more

Trump Department of Labor Continues to Chip Away at Obama Wage & Hour Efforts - WHD Interpretive Guidance on Joint Employer and...

by Foley & Lardner LLP on

On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD)...more

Weekly Update Newsletter - June 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals - The U.S. Small Business Administration (“SBA”) has amended the rules of practice of its Office of Hearings...more

USDOL Withdraws Joint Employment and Independent Contractor Guidance

by FordHarrison on

The recent announcement by Secretary of Labor Alexander Acosta to rescind Administrator’s Interpretation Nos. 2015-1 and 2016-1 should allow employers more latitude to hire independent contractors by removing the restrictive...more

Not Yet Time To Pop Champagne Corks After IC Guidance Withdrawn

by Fisher Phillips on

Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

by Ballard Spahr LLP on

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more

U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance

by Payne & Fears on

In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration....more

DOL Withdraws Joint Employer And Independent Contractor Administrator’s Interpretations

by Jackson Lewis P.C. on

U.S. Secretary of Labor Alexander Acosta announced on June 7, 2017, the immediate withdrawal of two Wage and Hour Division Administrator’s Interpretations (“AIs”) on joint employment and independent contractor status issued...more

Administrator Interpretations Rescinded By Secretary Of Labor: Does It Make A Difference?

by Fox Rothschild LLP on

The Obama DOL had issued two so-called “white papers” one on independent contractor status (Administrator Interpretation No 2015-1).and the other on joint employer status (Administrator Interpretation No. 2016-1). These...more

DOL Withdraws Classification Guidance

On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing its 2015 and 2016 Administrative Interpretations regarding independent contractors and joint employment. Both interpretations were designed...more

The Department of Labor Withdraws Obama Era Independent Contractor and Joint Employer Guidance

by Miller Canfield on

The U.S. Department of Labor has indicated that the department will move in a new, more employer-friendly direction, leaving many businesses feeling hopeful. On June 7, 2017, the United States Department of Labor issued a...more

Department of Labor Rescinds Two Memos Broadening Joint Employer Liability - Impact on Court Decisions is Unclear

by Best Best & Krieger LLP on

The Department of Labor’s decision this week to rescind two of its memos from the Obama administration regarding joint employer liability may be a hint of what’s to come under the new White House. The repealed memos...more

SuperVision Today - June 2017

Editor's Note - Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more

DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

by Franczek Radelet P.C. on

On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors. ...more

Turning Back the “Joint Employment” Clock

by Barley Snyder on

Determining the existence of joint employer liability has returned to its previous status as the U.S. Department of Labor withdrew Obama-era informal guidance on this topic....more

USDOL Withdraws Independent-Contractor, Joint-Employment "Administrator Interpretations"

by Fisher Phillips on

The U.S. Department of Labor announced today that it has withdrawn: - Administrator Interpretation No. 2016-1, entitled "Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...more

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

by Fisher Phillips on

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

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