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Misclassification Trump Administration Fair Labor Standards Act (FLSA)

McAfee & Taft

Gavel to Gavel: It just got easier to classify workers as independent contractors

McAfee & Taft on

Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1 announcement by the U.S. Department...more

Whiteford

Employment Law Update: U.S. Department of Labor Resurrects Guidance Classifying Workers as Independent Contractors

Whiteford on

The U.S. Department of Labor’s Wage and Hour Division (“DOL”) under the Trump administration has doubled down on its commitment to the traditional economic-realities analysis for determining whether workers are employees or...more

Poyner Spruill LLP

DOL Enforcement Guidance Underscores Favorable Shift for Contractor Classifications

Poyner Spruill LLP on

On May 1, 2025, the United States Department of Labor (“DOL”) published the first Field Assistance Bulletin of the year providing guidance to Wage and Hour Division (“WHD”) field staff regarding the proper analysis to apply...more

McAfee & Taft

DOL signals return to employer-friendly worker classification standards

McAfee & Taft on

Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1, 2025, announcement by the U.S....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

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Keating Muething & Klekamp PLL

The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts

Classifying a worker as an independent contractor rather than an employee can be one of the more complicated—and risky—decisions an employer can make, as misclassification can lead to serious legal and financial consequences....more

Vedder Price

U.S. Department of Labor Issues New FLSA Independent Contractor Guidance

Vedder Price on

On May 1, 2025, the U.S. Department of Labor (DOL) published FAB No. 2025-1, providing guidance to its field staff on the analysis to apply when determining whether a worker is an independent contractor or employee for...more

Troutman Pepper Locke

Trump Administration Reissues 2019 Opinion Letter on Independent Contractors and Virtual Marketplace Companies

Troutman Pepper Locke on

The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

Foley & Lardner LLP on

We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

Benesch

Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead

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The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more

Holland & Knight LLP

The Trump Administration's Impact on Independent Transportation Contractors

Holland & Knight LLP on

Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more

BakerHostetler

Lawsuits Aim to Void DOL’s New Independent Contractor Test

BakerHostetler on

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

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?

BakerHostetler on

’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

Sheppard Mullin Richter & Hampton LLP

The Haunting Return of the Economic Reality Test: U.S. Department of Labor Proposes Resurrecting the Pre-Trump Era...

On October 13, 2022, the U.S. Department of Labor (“DOL”) published its proposed rule regarding the classification of employees and independent contractors under the Fair Labor Standards Act (“FLSA”) in an attempt to resolve...more

Foley Hoag LLP

Biden Administration Rescinds Trump-Era Rule on Independent Contractors

Foley Hoag LLP on

On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more

Sheppard Mullin Richter & Hampton LLP

U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an...more

Stoel Rives - World of Employment

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors.  As we discussed here, the Trump-era rule codified the “economic realities test” for use...more

McGuireWoods LLP

DOL Withdraws January 2021 Trump Administration Independent Contractor Test

McGuireWoods LLP on

On May 5, 2021, the U.S. Department of Labor (DOL) eliminated a Trump administration end-of-term rule for determining whether workers should be classified as independent contractors or employees under the Fair Labor Standards...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

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

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