News & Analysis as of

Misclassification Opinion Letter

Sherman & Howard L.L.C.

DOL Retracts Opinion Finding Virtual Marketplace Workers Independent Contractors

Classifying “gig” workers as independent contractors, rather than employees, continues to be a risky business. While things were looking like they were heading in a different direction for a while (e.g. in 2017 and 2020),...more

Benesch

Department of Labor Withdraws Gig Economy Opinion Letter that Supported Independent Contractor Classification

Benesch on

On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more

Fisher Phillips

Biden DOL Shreds Trump-Era Gig Economy Guidance Letter

Fisher Phillips on

The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step friday as the Department of Labor (DOL) withdrew a guidance...more

Epstein Becker & Green

#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back. OSHA Updates COVID-19 Guidance In response to President...more

Vinson & Elkins LLP

First Shot Fired Across Bow Of New Independent Contractor Rule

Vinson & Elkins LLP on

The Trump administration’s Department of Labor, Wage and Hour Division (the “WHD”) published its final independent contractor rule on January 7, 2021, with a related effective date of March 8...more

Littler

DOL Issues Opinion Letter Regarding Independent Contractor Status of Food Product Manufacturers’ Distributors

Littler on

The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable...more

Locke Lord LLP

Owner-Operator Drivers Are Independent Contractors, Says Labor Department

Locke Lord LLP on

Today, one day before the end of President Trump’s Administration, the U.S. Department of Labor issued an opinion letter that certain owner-operator drivers that provide services to a transportation and logistics company are...more

Jackson Lewis P.C.

2020 Wage & Hour Developments: A Year In Review

Jackson Lewis P.C. on

In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Constangy, Brooks, Smith & Prophete, LLP

Gig Workers: A Boon Or A Legal Bane For Businesses?

The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist? After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are...more

Fisher Phillips

Flurry Of Recent Developments On The Dynamex Front

Fisher Phillips on

It’s been tough to keep up with developments concerning the fallout from the Dynamex case and California’s new ABC test for determining employee/independent contractor status. The past few months have seen several recent...more

Fisher Phillips

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

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

Spilman Thomas & Battle, PLLC

Virtually Independent Contractors or Employees - Department of Labor Takes a Look

In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more

Troutman Pepper

Two Federal Agencies Make It Easier to Establish Independent Contractor Status

Troutman Pepper on

Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more

Hogan Lovells

Office of the General Counsel of the National Labor Relations Board says that Uber Drivers are not Employees

Hogan Lovells on

In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more

Fisher Phillips

Labor Department Faces Blowback After Gig Economy Opinion Letter

Fisher Phillips on

According to Bloomberg Law’s weekly “Punching In” column (an absolute must-read each week) that published today, some congressional leaders are not too pleased with the Labor Department after it published an opinion letter a...more

McAfee & Taft

DOL, NLRB weigh in on classification status of gig economy workers

McAfee & Taft on

While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

Foley & Lardner LLP

Despite DOL 'Gig Economy' Opinion Letter, State Wage and Hour Laws That Provide Greater Protections for Workers Still Trump Fair...

Foley & Lardner LLP on

As we reported recently, on April 29, 2019, the U.S. Department of Labor (DOL) issued an opinion letter clarifying its stance on the classification of workers in the gig economy. The letter provided good news to those who...more

Seyfarth Shaw LLP

ABC Test Applies To Labor Code Claims Related to California Wage Orders

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 3, 2019, the California Department of Industrial Relations, Division of Labor Standards Enforcement (“DLSE”) issued an opinion letter regarding the applicability of the ABC test set forth in Dynamex...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Describes Most ‘Gig Economy' Workers as Independent Contractors

With the advent of Uber, Lyft, and other so-called “gig economy” jobs, a niche industry has arisen for plaintiffs’ lawyers who file suit against these companies alleging that their workers are misclassified employees. The...more

Sheppard Mullin Richter & Hampton LLP

The Future of Independent Contractors: Ninth Circuit Applies Dynamex Retroactively and the DLSE Issues Opinion Letter Expanding...

Last year, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a landmark decision that dramatically increased the risk of misclassifying individuals as independent...more

Holland & Knight LLP

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

Holland & Knight LLP on

• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

McNees Wallace & Nurick LLC

DOL Weighs in on Independent Contractors in the Gig Economy

The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. ...more

Littler

DOL Weighs in on Whether Gig Economy Workers are Employees or Independent Contractors

Littler on

The United States Department of Labor has provided good news for gig economy employers, telling one unidentified “virtual marketplace” employer that its service providers are properly classified as independent contractors....more

Cozen O'Connor

DOL Shares Its Views on Independent Contractors in the Gig Economy

Cozen O'Connor on

The Wage and Hour Division of the U.S. Department of Labor released this week its first opinion letter under the Trump administration on the subject of the classification of independent contractors under the Fair Labor...more

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