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
1/10/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The proposed rule, published...more
This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations.
FMCSA Meal and Rest Break Rule Preempts California's "ABC...more
5/20/2021
/ ABC Test ,
Appeals ,
Biden Administration ,
California ,
Commercial Truck Drivers ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
FMCSA ,
Independent Contractors ,
Motor Carriers ,
Rest and Meal Break ,
State and Local Government ,
Trucking Industry
As predicted in a previous Holland & Knight Transportation Blog post (see "Another Shift on Joint Employment and Independent Contractors," Jan. 12, 2021), the Biden Administration's rollback of the business-friendly...more
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
1/12/2021
/ ABC Test ,
Biden Administration ,
Browning-Ferris Industries of California Inc. ,
CA Supreme Court ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
FMCSA ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Obama Administration ,
Trucking Industry ,
Trump Administration ,
Unions
A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more
1/18/2017
/ Department of Labor (DOL) ,
DLSE ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Joint Employers ,
Misclassification ,
Motor Carriers ,
NLRB ,
Preemption ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour