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Proposed Rules Misclassification Employee Definition

Fox Rothschild LLP

NJ DOL Issues Proposed Rules on ABC Test for Independent Contractors

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The New Jersey Department of Labor and Workforce Development (DOL) announced proposed regulations that purportedly clarify the so-called “ABC test” for determining whether workers should be classified as employees or...more

Foley & Lardner LLP

DOL Seeks to Restore the Totality-of-the-Circumstances Approach to the Test for Independent Contractor Classification

Foley & Lardner LLP on

The Department of Labor has issued a new proposed rule to provide guidance on the classification of independent contractors and employees under the Fair Labor Standards Act and as discussed by Foley’s Labor and Employment...more

Kohrman Jackson & Krantz LLP

Independent Contractor vs. Employee: Proposed Rules to Prevent Misclassification

On October 11, 2022, the U.S. Department of Labor announced a proposed rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act that redefines how to classify workers. The proposed...more

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

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

Perkins Coie

October Tip of the Month: DOL Proposes New Rule on Independent Contractor Status

Perkins Coie on

On October 13, 2022, the U.S. Department of Labor (DOL) proposed a new rule that would revise the DOL’s guidance on how to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards...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

Stokes Wagner

When Are Employees Not Employees? An Ever-Changing Landscape

Stokes Wagner on

The Department of Labor recently issued a new proposed rule distinguishing between employees, who are covered by the Fair Labor Standards Act, and independent contractors, who are not. This follows on the heels of a rule...more

Morgan Lewis

US Department of Labor Publishes Independent Contractor Proposed Rule

Morgan Lewis on

The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more

Parker Poe Adams & Bernstein LLP

Department of Labor Proposes New Contractor Rule

On Tuesday, the federal Department of Labor (DOL) released proposed rules intended to clarify when workers are employees as opposed to independent contractors under the Fair Labor Standards Act (FLSA). The FLSA governs...more

Bradley Arant Boult Cummings LLP

Clarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. Employee

If you were just getting comfortable with the DOL’s final rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11,...more

Mintz

DOL Proposal, If Adopted, Will Substantially Impact Gig Economy Which Relies Primarily On Independent Contractors

Mintz on

On Tuesday, the U.S. Department of Labor (DOL) proposed a rule that would make it more difficult for companies to classify workers as independent contractors. Such a change could potentially upend the gig economy, including...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

FordHarrison on

Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

Polsinelli on

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Kilpatrick

DOL Proposes New Independent Contractor Rule

Kilpatrick on

Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more

Littler

Department of Labor Proposes New Rule for Independent Contractor Status

Littler on

On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

Warner Norcross + Judd

What’s Old Is New Again: DOL Proposes a Sort-of-New Employee v. Independent Contractor Rule

Warner Norcross + Judd on

Here we go again! It seems like lately, every time a new presidential administration is elected, we get new rules that overturn existing rules that often go back to other, even older rules....more

Bradley Arant Boult Cummings LLP

New Reality? DOL Publishes Proposed Rule on Independent Contractor Status

Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more

Dentons

Is a Worker an Employee or Independent Contractor? DOL Proposes New Rule

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For many years, construction companies have been faced with the issue of whether they should treat a worker as an employee or independent contractor. Handling the issue incorrectly can have serious consequences. Various...more

Sheppard Mullin Richter & Hampton LLP

Independent Contractor v. Employee: DOL Releases Proposed Rule Clarifying Test for Classification of Workers

On September 22, 2020, the United States Department of Labor (DOL) released a long-awaited proposed rule (the “Proposed Rule”) providing guidance for determining employee versus independent contractor status under the Fair...more

Perkins Coie

U.S. Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker Classifications

Perkins Coie on

The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more

Brooks Pierce

DOL Proposed Rule Clarifies Requirements for Classifying Workers as Independent Contractors

Brooks Pierce on

On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more

Morgan Lewis

DOL Publishes Proposed Rule on Independent Contractor Classification

Morgan Lewis on

While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more

Steptoe & Johnson PLLC

DOL Proposes Independent Contractor Rule Shielding Companies from Costly Federal Misclassification Claims

Steptoe & Johnson PLLC on

On September 22, 2020, the Department of Labor (“DOL”) unveiled a new, proposed rule for classifying workers as either independent contractors or employees. This is important because employees are covered by the federal...more

Benesch

Clarifying Employee and Independent Contractor Status Under the Fair Labor Standards Act

Benesch on

On September 22, 2020, the Department of Labor (“DOL”) released a proposed rule providing a more employer-friendly interpretation of independent contractor status under the Fair Labor Standards Act. The proposed rule...more

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