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National Labor Relations Board › Fair Labor Standards Act (FLSA) › Independent Contractors

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

ArentFox Schiff on

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Brownstein Hyatt Farber Schreck

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

Brownstein Hyatt Farber Schreck on

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2024 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Cozen O'Connor

Do Recent Changes and Legal Challenges to the Independent Contractor Test Affect OSHA?

Cozen O'Connor on

Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the...more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

Parker Poe Adams & Bernstein LLP on

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...more

Epstein Becker & Green

#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment...

Epstein Becker & Green on

This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

BakerHostetler on

When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

Seyfarth Shaw LLP on

After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2023 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Senate Committee Vets Biden’s Labor Pick. - On April 20, 2023, the U.S. Senate Committee on Health, Education, Labor and Pensions held a confirmation hearing on Acting Secretary of Labor Julie Su’s nomination to be...more

Ward and Smith, P.A.

Stronger Together: Labor and Employment Update

Ward and Smith, P.A. on

In a seminar focused on recent updates to labor and employment laws, Will Oden, of Ward and Smith’s labor and employment practice group, provided an overview of employee and independent contractor classification guidelines,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2022 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on

117th Congress Works on Last-Minute Bills as Holidays Loom. Nothing is more typical of the holiday season in Washington, D.C., than a last-minute legislative crisis in the U.S. Congress, and this year is no different. With...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2022 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on

DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more

DirectEmployers Association

OFCCP Week In Review: October 2022 #3

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. Tuesday, October 11, 2022: USDOL Formally Proposes Six-Part Test to Determine Independent...more

Fox Rothschild LLP

Oh My! Yet Another Collaboration Between Federal Agencies On The Independent Contractor “Situation.”

Fox Rothschild LLP on

I have been worried for some time now about the threat of increasing cooperation between agencies, federal and state, when it comes to assessing independent contractor status. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2022 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Members of the U.S. Congress were out this week for their Independence Day break, but they are scheduled to return during the week beginning July 11, 2022, when they will begin a busy three-week legislative period leading up...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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

Constangy, Brooks, Smith & Prophete, LLP

Looking back at 2021 and ahead to 2022

Constangy, Brooks, Smith & Prophete, LLP on

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Locke Lord LLP

Non-Partisan Study Shows Overwhelming Majority of Gig Workers “See Themselves as Independent Contractors”: December 2021 News...

Locke Lord LLP on

Perhaps the most significant development involving independent contractor compliance and misclassification issues in December 2021 received relatively scant attention: a detailed empirical study based on survey results of a...more

Smith Debnam Narron Drake Saintsing & Myers,...

National Labor Relations Board Reconsiders Test for Employment Status

Smith Debnam Narron Drake Saintsing & Myers,... on

It has been the source of speculation for some time that the standard for determining whether a worker is correctly classified as an employee or an independent contractor will soon be revised. On December 27, 2021, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

DirectEmployers Association

OFCCP Week In Review: March 2021 #3

DirectEmployers Association on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2021 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Biden Signs Sixth COVID-19 Aid Package Into Law. President Joe Biden promised the country an enormous economic rescue plan, and he delivered. On March 11, 2021, President Biden signed into law the American Rescue Plan Act of...more

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