The U.S. Department of Labor issued its long-awaited new rule on independent contractor classification on January 9, 2024. It will be published in the Federal Register on January 10, and take effect on March 10, 2024. ...more
On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The...more
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act.
In the courts, the test has always focused on the “economic reality” of the relationship between a worker...more
In 2016, New York City enacted the Freelance Isn’t Free Act, a local law establishing protections for certain freelance workers providing services for entities located in the City. Earlier this month, the New York State...more
Remember the Trump administration’s new rule for classifying workers as independent contractors? The one issued on January 6, 2021, only weeks before President Biden took office? The one that would have revised the U.S....more
In a complaint filed on March 26, 2021, business groups challenged a U.S. Department of Labor March 4, 2021 final rule to delay the effective date of the Trump-era regulation on independent contractor classification. As we...more
We’re 50 days into the Biden administration. Here’s an update on where things stand with respect to wage and hour law at the federal level...more
In accordance the Biden administration’s January 20 regulatory freeze memorandum, the U.S Department of Labor issued proposals to delay the effective dates of the Final Rules on independent contractor classification and tip...more
As expected, the White House issued a memorandum to the heads of all executive departments and agencies within the first few hours after President Biden’s inauguration on January 20, requesting that they halt all...more
In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification. In recent years, the misclassification of...more
The U.S. Department of Labor (DOL) unveiled a proposed rule on September 22, 2020 to clarify whether a worker is or isn’t an independent contractor for purposes of the Fair Labor Standards Act (FLSA). The proposed rule adds a...more
In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more
4/30/2019
/ Act or Omission ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Good Faith ,
Independent Contractors ,
Liquidated Damages ,
Minimum Wage ,
On-Demand Services ,
Third-Party Service Provider ,
Unpaid Overtime ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
In yet another legal development calling into question a traditional independent contractor relationship in the U.S., the Court of Appeals for the Sixth Circuit determined that off-duty police officers were employees of a...more
2/14/2019
/ Appeals ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Independent Contractors ,
Misclassification ,
Over-Time ,
Payroll Records ,
Police ,
Risk Assessment ,
Risk Mitigation ,
Security Guards ,
Wage Statements
As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an...more
The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed...more
4/9/2018
/ #MeToo ,
Anti-Harassment Policies ,
Consultants ,
Employee Training ,
Governor Cuomo ,
Independent Contractors ,
Mandatory Arbitration ,
Non-Disclosure Agreement ,
NYHRL ,
Proposed Legislation ,
Settlement ,
Sexual Harassment ,
State Budgets ,
State Legislatures ,
Vendors
As we previously reported, in November 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, establishing protections for freelance workers, including the right to receive a written contract for work valued...more
Employers across the U.S. were troubled by the sub-regulatory guidance issued by the DOL in 2015 and 2016 on independent contractors and joint employment. Today, the DOL announced the withdrawal of that guidance...more
On May 30, 2017, New York City Mayor Bill de Blasio signed a bill package into law that will impose new restrictions on retail and fast food employers with regard to employee scheduling, hiring, and pay practices. The laws...more
6/5/2017
/ Fair Workweek ,
Fast-Food Industry ,
Flexible Work Arrangements ,
Food Service Workers ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
Mayor de Blasio ,
New Legislation ,
On-Call Employees ,
Part-Time Employees ,
Retail Workers ,
State and Local Government ,
Temporary Employees ,
Wage and Hour ,
Work Schedules
One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification. Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to...more
1/6/2017
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Appeals ,
Audits ,
Corporate Counsel ,
Independent Contractors ,
Judicial Review ,
Misclassification ,
NYDOL ,
Unemployment Insurance ,
Unemployment Insurance Appeals Board
Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate...more
Yesterday the New York City Council passed the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The bill now goes to the Mayor’s desk for signature....more