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Trump Administration Misclassification

BakerHostetler

Lawsuits Aim to Void DOL’s New Independent Contractor Test

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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

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?

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’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

Sheppard Mullin Richter & Hampton LLP

The Haunting Return of the Economic Reality Test: U.S. Department of Labor Proposes Resurrecting the Pre-Trump Era...

On October 13, 2022, the U.S. Department of Labor (“DOL”) published its proposed rule regarding the classification of employees and independent contractors under the Fair Labor Standards Act (“FLSA”) in an attempt to resolve...more

Bradley Arant Boult Cummings LLP

Clarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. Employee

If you were just getting comfortable with the DOL’s final rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11,...more

Foley Hoag LLP

Biden Administration Rescinds Trump-Era Rule on Independent Contractors

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On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more

Sheppard Mullin Richter & Hampton LLP

U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an...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

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

Fisher Phillips

White House Takes Next Step At Wiping Out Trump-Era Gig Economy Rule

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We knew it had been coming, but the Biden recently made it official: the Department of Labor announced it wants to rescind the gig economy rule that was originally crafted under President Trump’s tenure and was about to make...more

Roetzel & Andress

The Gig Is Up: DOL To Nix Trump-Era Gig Worker Rule

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As anticipated, the Department of Labor (DOL) formally announced its proposal to eliminate the Trump Administration’s gig worker rule that would have provided companies an easier and simpler path to classify workers as...more

Vinson & Elkins LLP

First Shot Fired Across Bow Of New Independent Contractor Rule

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The Trump administration’s Department of Labor, Wage and Hour Division (the “WHD”) published its final independent contractor rule on January 7, 2021, with a related effective date of March 8...more

Roetzel & Andress

Biden Administration Halts Independent Contractor Rule

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On January 20, 2021, President Biden’s Chief of Staff signed an Order that immediately barred further advancement of a number of rules promulgated by the Trump Administration. That Order also froze rules that had been...more

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

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Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

DirectEmployers Association

USDOL’s New Independent Contractor Final Rule is DOA, Or Is It? Not So Fast!

On Thursday, January 7, 2021, the U.S. Department of Labor (“USDOL”) published its long-awaited Final Rule in the Federal Register revising its interpretation of independent contractor (“IC”) status under the Fair Labor...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

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That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Fox Rothschild LLP

Franchising On The Precipice: Unknowns In Transition

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Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

Fisher Phillips

Trump v. Biden: A Workplace Law Preview

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Either incumbent Donald Trump or challenger Joe Biden will be inaugurated as president on January 20, 2021 – and the impact on workplace law will be significant. Each candidate has provided us with clues (some subtle, some...more

Fox Rothschild LLP

New USDOL Independent Contractor Rule Helps Putative Employers

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The Trump Administration has tried to help business and employers in many ways, including loosening USDOL rules (and views) over many things. One topic of special interest on this front has been on the independent contractor...more

Steptoe & Johnson PLLC

DOL Proposes Independent Contractor Rule Shielding Companies from Costly Federal Misclassification Claims

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On September 22, 2020, the Department of Labor (“DOL”) unveiled a new, proposed rule for classifying workers as either independent contractors or employees. This is important because employees are covered by the federal...more

Fisher Phillips

Bloomberg Law Reports DOL Misclassification Rule Could Be In Jeopardy

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A report by Ben Penn in Thursday’s Bloomberg Law casts serious doubt about whether the Department of Labor will proceed with a misclassification rule before the end of this presidential term. We reported last month that the...more

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