There is no standard test to differentiate independent contractors from traditional employees. However, a number of common laws attempt to draw a line between the two employment classes. A Georgia federal court plans to consider the distinctions that define a self-employed worker in a case against Perdue Farms Inc.
Articles Discussing Independent Contractors.
Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport services or whether it properly classified those drivers as independent contractors. Walsh v. Alpha & Omega USA,
The U.S. Department of Labor (DOL) has announced its intention to issue a new final rule regarding the employee-vs.-independent contractor analysis under the Fair Labor Standards Act (FLSA). That announcement came by way of a June 3, 2022, blog post from Jessica Looman, Acting Director of the DOL’s Wage and
The U.S. Department of Labor (DOL) violated the Administrative Procedure Act (APA) when it withdrew a Trump-era Independent Contractor Final Rule (ICFR), a Texas federal court has held. Coalition for Workforce Innovation et al. v. Walsh, No. 1:21-cv-00130-MAC (E.D. Tex. Mar. 14, 2022).
On March 14, 2022, the United States District Court for the Eastern District of Texas ruled that the Biden Administration’s attempt to rescind the Trump Administration’s rule “Independent Contractor Status under the Fair Labor Standards Act” (the “Independent Contractor Rule”) violated the Administrative Procedure Act (“APA”).
At its current growth rate, the majority of the U.S. workforce will be freelancers by 2027.1 Between federal and state case, statutory, and administrative law, there are too many tests to count for determining whether a worker is an employee or independent contractor. Even within the same jurisdiction, an organization may face different tests depending on the court or administrative agency making the assessment.
The U.S. Department of Labor (DOL) unlawfully delayed and then withdrew the Independent Contractor (IC) Final Rule, published in the waning days of the Trump Administration, a federal court in Texas has held.
On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the Department of Labor’s 2021 delay and ultimate withdrawal of regulations governing independent contractor status under the
Andrew Maunz discusses the practical, compliance and enforcement implications of worker misclassification and related litigation issues to watch as the EEOC considers addressing challenges facing potentially misclassified workers in “Gig Work, Contractor Status Land on EEOC’s Anti-Bias Radar,” published by Bloomberg Law.
On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act rulemaking, the analysis the Department would use to determine whether a worker was an
Effective May 6, 2021, the U.S. Department of Labor (DOL) withdrew the agency’s Trump-era rule that for the first time established a test for independent contractor status in a federal regulation. The Trump rule was published on Jan. 7, 2021, and was set to go into effect on March 8, 2021. (See our prior articles explaining the Trump rule here and here). However, the DOL under President Biden proposed to delay the rule from taking effect, and on May 5, 2021, announced its withdrawal.
On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the federal level for wage and hour purposes under the Fair Labor Standards Act (FLSA).
The U.S. Department of Labor (“DOL”) announced two proposals last week to modify its current regulations.
First, the DOL has proposed to withdraw its January 6, 2021 rule, which we summarized here, that provides a test to determine whether a worker is an employee under the Fair Labor Standards Act
On March 11, 2021, the U.S. Department of Labor (DOL) issued Notices of Proposed Rulemaking (NPRMs) to withdraw the Joint Employer and Independent Contractor Final Rules published during the previous administration.
The Joint Employer Final Rule
The Joint Employer Final Rule went into effect in January 2020 and addressed the
On March 2, 2021, the U.S. Department of Labor (DOL) formally delayed the effective date of the Independent Contractor Final Rule, from March 8, 2021 to May 7, 2021. The Final Rule, published during the last two weeks of the prior administration, provides that “an individual is an independent contractor,