Navigating Contractor vs. Employee Classification
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The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I
On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more
In recent years, the U.S. Department of Labor has regulated who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act. The substance of the regulations has whipsawed based on who was...more
In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The...more
Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an...more
A new complication for wage and hour compliance. In a new Executive Order entitled, “Additional Rescissions of Harmful Executive Orders and Actions,” President Trump rescinded 18 Executive Orders, including Executive Order...more
On February 19, 2025, Judge James Wesley Hendrix for the United States District Court for the Northern District of Texas granted a 90-day stay of ongoing litigation, challenging a Biden-era rule implementing significant...more
The regulatory pendulum has been swinging toward deregulation since Donald Trump was inaugurated last month. On his first day in office, January 20, 2025, President Trump issued a presidential memorandum titled “Regulatory...more
Everything's enjoined! Almost. It's been a tough week for President Trump, but he doesn't seem to be letting the bad news get him down. To avoid ruining the Valentine's Day mood, I'll keep this week's update short. ...more
“The Occupational Safety and Health Act of 1970 is repealed. The Occupational Safety and Health Administration is abolished.” Those are the words of Congressman Andy Biggs (R-AZ) when he introduced H.R. 86 on the floor of the...more
We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more
The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more
As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency...more
Two workplace safety regulations advanced under the Biden administration will be reviewed by the Trump team at the U.S. Department of Labor’s Occupational Health and Safety Administration (“OSHA”), and could be rolled back in...more
The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more
On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments on the agency’s Notice of Proposed Rulemaking...more
Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more
The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more
Employers with Federal contracts have experienced unique challenges in the past few years—from navigating the Federal contractor vaccine mandate to new rules related to sick leave and time off. One of the most significant...more
A few weeks ago, we brought you news that the Department of Labor (DOL) dropped a new independent contractor rule under the Fair Labor Standards Act (FLSA) that arguably leans in favor of employees. And, as we predicted, the...more
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
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
’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
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
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
On June 23, 2021, the United States Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) that would create greater limitations on an employer’s ability to take a tip credit under the federal Fair Labor...more