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
Articles Discussing Independent Contractors.
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,
On February 5, 2021, the U.S. Department of Labor (DOL) published notices in the Federal Register of its proposed delay of the effective dates of the Trump administration’s regulations addressing independent contractor classification and tipped workers. The DOL’s Wage and Hour Division (WHD) indicates that the delay is necessary to
On Jan. 7, 2021, the U.S. Department of Labor (DOL) published a new test to determine whether workers are independent contractors or employees under federal law. For the first time, the DOL’s independent contractor test is stated in a federal regulation so that employers, workers, the DOL, and courts alike can rely on the same test. The big question is whether the Biden administration will prevent the new rule from going into effect as scheduled on March 8, 2021.
On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when a worker is an independent contractor versus an employee under the Fair Labor Standards Act
On January 7, 2021, the U.S. Department of Labor (DOL) published a final rule in the Federal Register that clarifies how to determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act (FLSA).
On September 8, 2020, the U.S. District Court for the Southern District of New York vacated the U.S. Department of Labor’s (DOL) final joint-employer rule, which limited when multiple businesses involved in an employment relationship could be liable for violations of the Fair Labor Standards Act (FLSA).
On August 13, 2020, we reported on the San Francisco Superior Court’s granting of a preliminary injunction ordering Uber and Lyft to re-classify their California drivers from independent contractors to employees and to comply with the California Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission wage orders.
As we recently reported, the State of California, joined by the cities of San Francisco, San Diego, and Los Angeles, recently filed a lawsuit against Uber and Lyft in San Francisco Superior Court, alleging that they unlawfully persist in classifying
Executive Summary: Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA overtime requirements because he was an independent contractor.
Virtual marketplace companies such as Uber, Lyft, and Handy are receiving a boost in their quest to classify workers as independent contractors. The U.S. Department of Labor issued a new guidance opinion about whether a worker is an employee or an independent contractor. This guidance, issued April 29, 2019, is the first issued during the Trump era. It discusses the hot-button topic of employee versus independent contractor classification involving a virtual marketplace company.