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U.S. Department of Labor Finalizes Independent Contractor Regulation

The U.S. Department of Labor published a final rule on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final regulation rescinds a 2021 rule defining the same term. In place...more

Third Try’s the Charm? National Labor Relations Board (Again) Narrows Definition of “Independent Contractor” Under the National...

On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...more

Department of Labor Proposes New Rule for Independent Contractor Status

On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

Massachusetts Top Court Issues Key Ruling Impacting Independent Contractors

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more

Federal Court Decision Protects Independent Contractor Status

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...more

DOL Withdraws Independent Contractor Regulations, Meaning More Uncertainty for Employers

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...more

Department of Labor Proposes to Roll Back Joint Employment, Independent Contractor Rules

On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more

House Passes Sweeping Labor Law Reform

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206.  One Democratic Representative voted against the bill; five...more

DOL Simplifies Independent Contractor Analysis in Final Rule

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...more

Littler WPI’s Election Report: How Voters Have Shaped Workplace Policy

Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of...more

California’s Proposition 22: Impacts in the Golden State and Beyond

Of the over 100 different ballot initiatives under consideration across the United States in the recent election, California’s Proposition 22 stands alone.  The measure was perhaps the most significant initiative voters...more

AB 5 Update: Newspaper Carriers Secure (Another) One-Year Exception

As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year.  The law imposed the “ABC test” for determining whether a worker should...more

What Hospitality Employers Can Expect to See in Employment Law if Vice President Biden Wins the Election

While no one knows what the outcome of the presidential election will be, if Vice President Biden is elected, hospitality employers should expect to see the following labor and employment issues front and center: A call to...more

AB 5 Update: AB 2257 Would Amend California Independent Contractor Law

AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were...more

Labor and Employment Rulemaking Prominent in Spring 2020 Regulatory Agenda

The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more

DOL Clarifies That Gig Workers Can Qualify for COVID-19 Unemployment Benefits When Their Work Dries Up

The Department of Labor has clarified that gig workers qualify as “unemployed” under the Pandemic Unemployment Assistance (PUA) Program when they lose a significant amount of business because of COVID-19. ...more

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances

On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more

California Supreme Court Agrees to Hear Dynamex Retroactivity Question

On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The answer to this question could have a profound impact on any company...more

The ABC Test: California States and Localities Support Plaintiffs’ Appeal, Signal Aggressive Enforcement

The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated.  A series of court filings last week suggests that state and local officials may be gearing up to...more

Worker Misclassification Questions Dominate California Legal Landscape

In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more

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