The U.S. Department of Labor (DOL) final rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect March 11, 2024. The fate of the rule is uncertain, however, as it faces several legal challenges that could
Articles Discussing Independent Contractors.
Department of Labor’s New I.C. Rule No Longer on Ice: What Employers Need to Know About Determining Independent Contractor Status Under the Fair Labor
After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act (FLSA).
DOL Issues Final Rule on Classification of Independent Contractors
Everything Old is New Again: USDOL’s Reinstatement of the Totality-of-the-Circumstances Rule for Independent Contractor Analysis
US DOL Announces Final Rule on Classification of Workers as Employees or Independent Contractors under FLSA
The Department of Labor recently clarified a critical distinction between an employee and an independent contractor.
“New Federal Independent Contractor Rule”
It’s not just California! Earlier this month the U.S. Department of Labor published its final rule regarding independent contractor classification. The new rule is effective on March 11, 2024, and adopts a multi-factor test under the Fair Labor Standards Act.
Labor Department Releases Independent Contractor Final Rule, Revising Standard
The U.S. Department of Labor (DOL) has released its long-anticipated Final Rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule, published in the Federal Register on Jan. 10, 2024, is slated to take effect on March 11, 2024. Legal challenges are expected.
Department of Labor’s Controversial Rule to Determine Independent Contractor Status
By: Department of Labor’s Controversial Rule to Determine Independent Contractor Status
By: Department of Labor’s Controversial Rule to Determine Independent Contractor Status
By CJ Singh and Dan M. Forman
On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whether a worker is an employee or independent
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, 2024, is largely consistent with the proposed version the DOL rolled out in
U.S. Department of Labor Finalizes Independent Contractor Regulation
DOL rule creates six-factor “economic realities” test to determine independent contractor status under the FLSA. The new rule differs significantly from prior DOL guidance and its rule governing independent contractor relationships issued in 2021.
U.S. DOL Announces New Independent Contractor Rule Under FLSA
Executive Summary: On January 9, 2024, the United States Department of Labor (DOL) announced a final rule that revises the DOL’s interpretation of employee classification under the Fair Labor Standards Act (FLSA) only. The rule has no bearing on the analysis used for classification under any other federal, state, or local laws. The final rule goes into effect on March 11, 2024.
Independent Contractor Challenges on the Rise
In this episode, Jen discusses the significant increase in independent contractor classification challenges and how to minimize your potential liability.
Labor Board Returns to 2014 Test for Determining Whether Individual Is Independent Contractor
The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023).
Department of Labor and IRS Intensify Cooperation on Worker Misclassification
On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for referrals from the DOL’s Wage & Hour Division (WHD) to the Small Business/Self Employed
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 Labor’s (DOL) recently published proposed rule restricting when individuals can be considered independent contractors is an example of this scrutiny.