News & Analysis as of

Misclassification Field Assistance Bulletins Wage and Hour

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

Seyfarth Shaw LLP

DOL Guidance On Employer Status Of Caregiver Registries: Foreshadowing A More Tolerant Independent Contractor Approach

Seyfarth Shaw LLP on

Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether...more

Polsinelli

U.S. Department of Labor Issues Field Assistance Bulletin on Employee/Independent Contractor Classification for Home Care Workers

Polsinelli on

On July 13, 2018, the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) to provide guidance to field-office staff regarding whether caregivers, such as nurses and health aides, qualify under the Fair...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

Littler on

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

Ballard Spahr LLP

Labor Classification in the Home Health Care Industry: A Sign of What's to Come?

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) on July 13, 2018, issued a Field Assistance Bulletin to its enforcement administrators, explaining how to determine if and when caregiver and nurse registries should be deemed employers...more

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