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Multi-Factor Test Final Rules

Ervin Cohen & Jessup LLP

Department of Labor Revises Independent Contractor Test

On March 11, 2024, the U.S. Department of Labor’s (“DOL”) revised independent contractor test took effect, under a Final Rule issued by the Wage and House Division of DOL. The rule for Employee or Independent Contractor...more

BakerHostetler

Court Vacates New NLRB Joint Employer Rule

BakerHostetler on

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Tucker Arensberg, P.C.

New Department of Labor Final Rule Requires Reassessment of Independent Contractors

Tucker Arensberg, P.C. on

Physical therapy practices need to be aware of new legal standards that make it harder for employers to classify workers as independent contractors (as opposed to employees). This distinction is important because, if an...more

Lathrop GPM

U.S. DOL Issues Final Independent Contractor Rule

Lathrop GPM on

The U.S. Department of Labor (“DOL”) announced a final rule revising its guidance on how to analyze whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Bricker Graydon LLP

To Be an Employee or Not to Be: 2024 DOL Independent Contractor Final Rule Released

Bricker Graydon LLP on

Earlier this month, the Department of Labor (DOL) finally published its long-awaited final rule on independent contractor classifications. The announcement unveiled a six-factor test for determining if a worker should be...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

Obermayer Rebmann Maxwell & Hippel LLP

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” Legal Standard

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” - Legal Standard Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms...more

Miles & Stockbridge P.C.

U.S. Department of Labor Announces Final Rule on FLSA Classification

The U.S. Department of Labor (DOL) announced a final rule last week revising its guidance to employers and workers to help determine if a worker qualifies as an employee or an independent contractor under the Fair Labor...more

Miller Canfield

DOL Issues Final Rule Addressing Independent Contractor Status

Miller Canfield on

On January 10, 2023, the U.S. Department of Labor (DOL) published the final version of the Independent Contractor rule under the Fair Labor Standards Act (FLSA) proposed in October 2022. The rule will take effect on March 11,...more

Stokes Wagner

DOL Issues a Final Independent Contractor Rule

Stokes Wagner on

The United States Department of Labor (“DOL”) recently released a final rule that addresses the classification of workers as independent contractors under federal labor law. The rule goes into effect on March 11, 2024....more

Parker Poe Adams & Bernstein LLP

Here We Go Again: Labor Department Adopts Final Rule on Independent Contractors

On January 9, the U.S. Department of Labor released its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act. ...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

Parker Poe Adams & Bernstein LLP

Federal Court Says DOL Improperly Withdrew Trump-Era FLSA Independent Contractor Rules

Late in the Trump administration, the Department of Labor issued final rules intended to distinguish between employees and independent contractors for purposes of qualification for overtime and minimum wage obligations under...more

Perkins Coie

US Department of Labor Announces Final Rule Regarding Independent Contractors - Update

Perkins Coie on

The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more

Akin Gump Strauss Hauer & Feld LLP

The DOL Withdraws Trump Administration FLSA Independent Contractor Rule, Preserving the Status Quo . . . for the Moment

Key Points - The DOL has withdrawn a final rule published in the waning days of the Trump administration that established a multifactor test for determining whether workers are employees or independent contractors under...more

Miller Canfield

DOL Withdraws Trump-Era Independent Contractor Rule

Miller Canfield on

Updated: On May 5, 2021, the Department of Labor (DOL) announced a final rule withdrawing a proposed Trump-era independent contractor rule that would have made it easier to classify workers as independent contractors under...more

Miller Canfield

U.S. Department of Labor: Final Rule on Independent Contractor Status Under the Fair Labor Standards Act

Miller Canfield on

UPDATED: The U.S. Department of Labor Wage and Hour Division has announced that the final rule on independent contractor status' effective date is delayed until May 7, 2021 “to allow the Department to review issues of law,...more

Cooley LLP

Alert: US DOL Issues Final Rule to Simplify Analysis of Workers in Gig Economy

Cooley LLP on

A critical and growing issue facing gig economy platforms and other similar business models is the failure of existing laws to reflect the realities of a modern, adapting workforce. In response to calls for action, the United...more

Locke Lord LLP

Labor Department’s Last-Day Opinion Letter: Distributors of Food Products are Independent Contractors

Locke Lord LLP on

Today, one day before the end of the Trump Administration, the Labor Department issued a series of opinion letters, one of which concluded that certain distributors who resell to retail outlets food products they purchase...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Department of Labor Issues New Worker Classification Regulations

The DOL has issued new regulations setting forth the test to determine whether an individual is an independent contractor or an employee under the FLSA. Under the regulations, the “ultimate inquiry” is whether, as a matter...more

Perkins Coie

US Department of Labor Announces Final Rule Regarding Independent Contractors

Perkins Coie on

On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more

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