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Misclassification Public Comment

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Bowditch & Dewey

Department of Labor Seeks to Alter Independent Contractor Classification

Bowditch & Dewey on

On October 13, 2022, the United States Department of Labor (DOL) published a proposed rule that seeks to alter the test for determining whether a worker is an independent contractor or an employee under the federal Fair Labor...more

Kilpatrick

DOL Proposes New Independent Contractor Rule

Kilpatrick on

Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more

Fisher Phillips

Labor Department Proposes to Rescind Flexible Independent Contractor Test and Re-Impose Outdated Standard: 5 Key Questions

Fisher Phillips on

Any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model under a proposed rule that the U.S. Department of Labor (DOL) just released yesterday. The...more

Benesch

A Powerful “One-Two” Punch: NLRB and DOL Signal Contractor Classification Crackdown

Benesch on

Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...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

DirectEmployers Association

OFCCP Week In Review: May 2021 #2

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

Fisher Phillips

White House Takes Next Step At Wiping Out Trump-Era Gig Economy Rule

Fisher Phillips on

We knew it had been coming, but the Biden recently made it official: the Department of Labor announced it wants to rescind the gig economy rule that was originally crafted under President Trump’s tenure and was about to make...more

Roetzel & Andress

The Gig Is Up: DOL To Nix Trump-Era Gig Worker Rule

Roetzel & Andress on

As anticipated, the Department of Labor (DOL) formally announced its proposal to eliminate the Trump Administration’s gig worker rule that would have provided companies an easier and simpler path to classify workers as...more

DirectEmployers Association

OFCCP Week In Review: March 2021 #3

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

Fisher Phillips

Biden’s Labor Department Delays Gig Economy Rule And Seeks New Public Input

Fisher Phillips on

As we predicted, the Biden administration signed an order immediately after taking charge of the White House halting the advancement of the Department of Labor’s new independent contractor rule. Now for the next step: the...more

Fisher Phillips

We Won’t Have To Wait Very Much Longer For Final Gig Economy Rule

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The Department of Labor has turned down Congressional calls to extend the time period to receive public comments about the proposed independent contractor rule that would make it easier for gig economy businesses and other...more

Proskauer - Law and the Workplace

[Podcast]: DOL’s Proposed Rule on Independent Contractors

In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification. In recent years, the misclassification of...more

Dechert LLP

Employing an Updated Test for Independent Contractors – U.S. Department of Labor Proposes New Classification Regulation

Dechert LLP on

Earlier this week, the U.S. Department of Labor (the “DOL”) on September 22, 2020, proposed a regulation that would clarify how to determine whether a worker is an “employee” under the Fair Labor Standards Act (the “FLSA”) or...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 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 were an unprecedented number of changes all through 2017. And if the first two months...more

Vedder Price

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

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

Baker Donelson

Start Planning for the Worst While You Hope for the Best

Baker Donelson on

For the past several months we have been updating you on the proposed changes to the Fair Labor Standards Act (FLSA) and the impact those changes could have on your workforce. The comment period for the proposed regulations...more

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