News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Independent Contractors

White and Williams LLP

Déjà vu – the Department of Labor’s Final Rule on Worker Classification

White and Williams LLP on

On January 9, 2024, the United States Department of Labor (the “Department”) announced its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Effective March...more

Seyfarth Shaw LLP

Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Yesterday the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”).  The Final...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

Proskauer - Law and the Workplace

White House Clears Independent Contractor Final Rule

On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The...more

Seyfarth Shaw LLP

Take me to Your Leader: Senate Confirms Jessica Looman as U.S. DOL Wage and Hour Division Administrator

Seyfarth Shaw LLP on

Seyfarth Synopsis: The long wait for a Senate-confirmed U.S. DOL Wage and Hour Division (“WHD”) Administrator is over!...more

King & Spalding

FTC Issues Proposed Rule to Ban Non-Competes in the Labor Market

King & Spalding on

On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (Proposed Rule) regarding non-compete agreements. The Proposed Rule would prohibit non-compete clauses in labor contracts for most...more

Miller Canfield

DOL Issues Proposed Rule Addressing Independent Contractor Status

Miller Canfield on

On October 13, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (Notice) that seeks to clarify the analysis for determining whether a worker is an employee or independent contractor. According to the...more

Foley & Lardner LLP

What’s Old is New Again: The DOL’s “New” Proposed Rule on Independent Contractors Returns to a Pre-Trump Test for Worker...

Foley & Lardner LLP on

On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers as independent contractors. ...more

Perkins Coie

US Department of Labor Proposes Independent Contractor Rule

Perkins Coie on

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more

ArentFox Schiff

DOL Issues Notice of Proposed Rulemaking Revisiting Definition of Independent Contractor

ArentFox Schiff on

On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more

Jackson Lewis P.C.

What’s Old is New Again: Labor Department Flip-Flops on Independent Contractor Analysis

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards...more

Levenfeld Pearlstein, LLC

DOL Announces Rule Change on Independent Contractor Classifications

On October 11, 2022, the U.S. Department of Labor announced that it will publish a Notice of Proposed Rulemaking on October 13 to determine whether a worker is an employee or an independent contractor under the Fair Labor...more

Foley & Lardner LLP

NLRB Announces it Will Revisit its FedEx and SuperShuttle Decisions in Atlanta Opera

Foley & Lardner LLP on

On Monday, December 27, 2021, the National Labor Relations Board (the “Board” or the “NLRB”) issued a notice of proposed rulemaking and invited public participation in reconsidering the test for classifying independent...more

Proskauer - Law and the Workplace

Business Groups Challenge Biden Administration’s Delay of Trump-era Independent Contractor Rule

In a complaint filed on March 26, 2021, business groups challenged a U.S. Department of Labor March 4, 2021 final rule to delay the effective date of the Trump-era regulation on independent contractor classification. As we...more

Proskauer - Law and the Workplace

Biden Administration Wage and Hour Update: 50 Days In…

We’re 50 days into the Biden administration. Here’s an update on where things stand with respect to wage and hour law at the federal level...more

Bradley Arant Boult Cummings LLP

The Relationship Talk: DOL Issues New Rules on Joint Employer Status

When do your business relationships make you a joint employer? Fortunately, the DOL recently published a Notice of Proposed Rulemaking with changes to regulations regarding when two or more entities should be treated as...more

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