News & Analysis as of

Trump Administration Wage and Hour

Genova Burns LLC

USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

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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

Benesch

Department of Labor Finalizes Rule Change on Independent Contractor Classification

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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

BakerHostetler

The DOL’s New Independent Contractor Test Just Dropped; Now What?

BakerHostetler on

’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

Holland & Knight LLP

New Rule on Independent Contractor Classification Will Have Profound Impact on Businesses

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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

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

DOL Announces Final Rule on Determining Independent Contractor Status

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

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Williams Mullen

New Department of Labor Independent Contractor Proposed Rule

Williams Mullen on

​​​​​​​On October 11, 2022, the United States Department of Labor (DOL) released a proposal for a new rule on how the DOL will determine whether a worker is an independent contractor or an employee for purposes of the Fair...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL releases proposed regulations on independent contractors

Tuesday morning, the U.S. Department of Labor issued proposed regulations addressing whether a worker is an “employee” or an “independent contractor” under the Fair Labor Standards Act. We are reviewing the proposal now and...more

Vinson & Elkins LLP

DOL Sets Rescission Date For Trump Administration’s Joint Employer Rule

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At the end of July, the Biden administration’s Department of Labor (“DOL”) issued a final rule, effective September 28, 2021, that will rescind the Trump administration’s “Joint Employer Status under the Fair Labor Standards...more

Jackson Lewis P.C.

Labor Department Formally Withdraws Trump-Era Joint Employer Final Rule

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In an action anticipated since it issued its Notice of Proposed Rulemaking in March, the U.S. Department of Labor (DOL) officially has withdrawn the Joint Employer Final Rule published during the previous administration. The...more

Constangy, Brooks, Smith & Prophete, LLP

Second Shoe Drops On Trump “Joint Employer” Regulations Under FLSA

On July 30, the U.S. Department of Labor published a final rule under the Administrative Procedure Act that rescinds regulatory changes that governed when “joint employer” status arises under the Fair Labor Standards Act. The...more

Bradley Arant Boult Cummings LLP

Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work

As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job,...more

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

The Tale of the Partisan Pendulum - DOL Breathes Life Back into the 80/20 Rule Plus a 30-Minute Twist

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

Troutman Pepper

Biden Administration Eliminates Key Trump-Era Regulations for Employment Relationships Under FLSA

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Q: Do Trump-era FLSA regulations governing independent contractor classification and joint employer status (still) apply? ...more

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

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

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

Miles & Stockbridge P.C.

Biden’s Department of Labor Eliminates Narrow, Employer-Friendly Trump-Era Independent Contractor Test

On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more

Holland & Knight LLP

DOL Rescinds Trump-Era Rule Regarding Employment Status Under the FLSA | Insights

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The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more

Obermayer Rebmann Maxwell & Hippel LLP

DOL Withdraws Trump-Era Independent Contractor Rule

President Joe Biden’s campaign advocated for workers’ rights and sought to prevent the misclassification of employees as independent contractors. In accordance with his platform, on May 5, 2021, the Biden Administration...more

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

DirectEmployers Association

Biden Administration DOL Publishes Final Rule Rescinding Trump Administration Independent Contractor Rule Under the FLSA

In an unsurprising and expected move, on Thursday, May 6th the Biden Administration’s Department of Labor (“DOL”) published its Final Rule withdrawing the Trump Administration’s January 7, 2021 “Independent Contractor Status...more

Stoel Rives - World of Employment

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors.  As we discussed here, the Trump-era rule codified the “economic realities test” for use...more

Miller Canfield

DOL Withdraws Trump-Era Independent Contractor Rule

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Updated: On May 5, 2021, the Department of Labor (DOL) announced a final rule withdrawing a proposed Trump-era independent contractor rule that would have made it easier to classify workers as independent contractors under...more

McGuireWoods LLP

DOL Withdraws January 2021 Trump Administration Independent Contractor Test

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On May 5, 2021, the U.S. Department of Labor (DOL) eliminated a Trump administration end-of-term rule for determining whether workers should be classified as independent contractors or employees under the Fair Labor Standards...more

Roetzel & Andress

Department Of Labor Planning Enhanced Enforcement

Roetzel & Andress on

Not surprisingly, the U.S. Department of Labor’s Wage and Hour Division is looking to reverse many of the Trump administration’s employer-friendly initiatives and rules. Those reversals include: •Setting aside...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor

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On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

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