News & Analysis as of

Misclassification Employer Responsibilities Fair Labor Standards Act (FLSA)

Harris Beach Murtha PLLC

DOL Pauses Enforcement of 2024 Rule on Independent Contractor Classifications

In February 2024, we reported the U.S. Department of Labor (DOL) issued a Final Rule revising the DOL’s guidance on how to analyze who is an employee or independent contractor for purposes of minimum wage and overtime pay...more

Offit Kurman

Navigating Contractor vs. Employee Classification

Offit Kurman on

In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman delve into the intricate and often confusing topic of independent contractor classification. They discuss the various tests and criteria used at...more

BakerHostetler

DOL Softens Bite on Independent Contractor Test

BakerHostetler on

The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more

Lowndes

U.S. Supreme Court Rejects Higher Standard of Proof for Overtime Exemptions

Lowndes on

In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more

K&L Gates LLP

DOL Announces Final Rule Affecting Independent Contractor Classification Under the FLSA

K&L Gates LLP on

Introduction - On 10 January 2024, the US Department of Labor (DOL) published a final rule (Final Rule) that significantly changes the test for determining whether a worker is an independent contractor or employee under the...more

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