News & Analysis as of

Obama Administration Misclassification

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

Woods Rogers

U.S. Department Of Labor Increases FLSA Salary Threshold

Woods Rogers on

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level...more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S. Department of Labor Raises the Minimum Salary Level for Overtime Exemptions

On September 24, 2019, the U.S. Department of Labor (“DOL”) finally unveiled its long-awaited final rule under the Fair Labor Standards Act (“FLSA”) which officially will increase the minimum salary level for the “white...more

Proskauer - Law and the Workplace

The New Federal Overtime Rule: What You Need to Know

The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019.  Here’s the bottom line....more

Stokes Wagner

DOL Issues New Overtime Exemption Rule

Stokes Wagner on

The U.S. Department of Labor released its highly anticipated final rule governing the new salary threshold for the “white collar” overtime exemptions. Effective January 1, 2020, the final rule raises the salary threshold for...more

Troutman Pepper

Two Federal Agencies Make It Easier to Establish Independent Contractor Status

Troutman Pepper on

Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more

McAfee & Taft

Employers must still use caution when using independent contractors

McAfee & Taft on

A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more

Fisher Phillips

September 2017: The Top 10 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

Fisher Phillips

Will Dealerships And Third-Party Detailers Continue To Face Increased DOL Scrutiny?

Fisher Phillips on

During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...more

Jaburg Wilk

Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

Jaburg Wilk on

Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify...more

McAfee & Taft

Department of Labor withdraws joint employer guidance

McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Ruder Ware

Joint Employer Status Rebuffed?

Ruder Ware on

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be...more

Bass, Berry & Sims PLC

DOL Withdraws Obama-era Letters on Joint Employer and Classification Guidance

Bass, Berry & Sims PLC on

The unwinding continues. The U.S. Department of Labor (DOL) recently announced the withdrawal of the Obama administration’s previously issued informal guidance on independent contractors and joint employers....more

Foley & Lardner LLP

Trump Department of Labor Continues to Chip Away at Obama Wage & Hour Efforts - WHD Interpretive Guidance on Joint Employer and...

Foley & Lardner LLP on

On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD)...more

Payne & Fears

U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance

Payne & Fears on

In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration....more

Fisher Phillips

USDOL Withdraws Independent-Contractor, Joint-Employment "Administrator Interpretations"

Fisher Phillips on

The U.S. Department of Labor announced today that it has withdrawn: - Administrator Interpretation No. 2016-1, entitled "Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...more

Fisher Phillips

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

Fisher Phillips on

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

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

DOL Withdraws Independent Contractor and Joint Employment Guidance

On June 7, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (DOL) has withdrawn two informal guidance documents on independent contractor misclassification and joint employment, both issued...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Arnall Golden Gregory LLP

The “Independent Contractor” Truck Driver, Wage & Hour Laws, the Affordable Care Act, and Safety Regulations

On The challenges that trucking companies face regarding truck drivers continue to expand. One vexing issue facing many companies: Can they continue to treat many of their truck drivers as “independent contractors” as they...more

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