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Misclassification Biden Administration

Locke Lord LLP

Reminder: Final Biden Administration Independent Contractor Rule Takes Effect March 11 – ‎Do Not Fear, But Don’t Stand Still

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On January 9, 2024, the same day the U.S. Department of Labor issued its final rule on independent contractor status, we published a comprehensive blog post analyzing and commenting on the new regulation, which goes into...more

BakerHostetler

Lawsuits Aim to Void DOL’s New Independent Contractor Test

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A few weeks ago, we brought you news that the Department of Labor (DOL) dropped a new independent contractor rule under the Fair Labor Standards Act (FLSA) that arguably leans in favor of employees. And, as we predicted, the...more

Genova Burns LLC

USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

Genova Burns LLC on

On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more

Obermayer Rebmann Maxwell & Hippel LLP

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” Legal Standard

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” - Legal Standard Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms...more

Benesch

Department of Labor Finalizes Rule Change on Independent Contractor Classification

Benesch on

On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more

BakerHostetler

The DOL’s New Independent Contractor Test Just Dropped; Now What?

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’Tis the season for things to drop. Some things that drop are big, some not so big. On New Year's Eve, we saw the ball drop in New York. Fun fact: The ball is a geodesic sphere, 12 feet in diameter, weighing 11,875...more

Holland & Knight LLP

New Rule on Independent Contractor Classification Will Have Profound Impact on Businesses

Holland & Knight LLP on

The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new...more

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

DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11,...more

Genova Burns LLC

Entrepreneurial Opportunity Takes A Back Seat In Revised NLRB Test Of Employee Versus Independent Contractor Status

Genova Burns LLC on

On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more

Epstein Becker & Green

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether  workers are...more

Fisher Phillips

New Leader at the Labor Department: What Employers Need to Know About Julie Su

Fisher Phillips on

President Biden announced last week that he wants Julie Su to join his Cabinet as Secretary of the U.S. Department of Labor, elevating her from the number two role of Deputy – but what do employers need to know about the...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

FordHarrison on

Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

Polsinelli on

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Sherman & Howard L.L.C.

Hasty Action Dooms Biden’s Withdrawal of the Independent Contractor Rule

The Biden Administration’s rush to withdraw a Trump-era rule standardizing the test for determining whether a worker is an independent contractor overlooked key administrative requirements for the process, causing a federal...more

DirectEmployers Association

DE Under 3: Trump Admin Independent Contractor Rule Back; Non-binary Reporting & the OFCCPs New Pay Equity Directive

Tune in to this week’s DE Under 3 to learn more about the reinstated Trump Admin Independent Contractor Rule; Non-binary reporting and the upcoming DE Masterclass Legal Roundtable; and finally, the OFCCP’s new Pay Equity...more

Epstein Becker & Green

#WorkforceWednesday: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care...

Epstein Becker & Green on

This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts. Texas Court Reinstates DOL Independent Contractor Rule A district...more

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Constangy, Brooks, Smith & Prophete, LLP

Looking back at 2021 and ahead to 2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Littler

White House Task Force on Worker Organizing and Empowerment Releases its Report

Littler on

On Monday, February 7, 2022, the White House Task Force on Worker Organizing and Empowerment (Task Force) released its long-awaited Report detailing nearly 70 recommendations for revising our nation’s labor laws and...more

Epstein Becker & Green

#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This...

This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022. The Biden NLRB: What to Expect in 2022 (see video attached) The NLRB is headed in a new direction this year...more

DirectEmployers Association

OFCCP Week In Review: January 2022

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

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

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This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Epstein Becker & Green

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

Epstein Becker & Green on

This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) was likely to undergo substantial policy changes under President Biden. This process began when President Biden took the unprecedented...more

Fisher Phillips

May 2021: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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