News & Analysis as of

ABC Test Rulemaking Process

Perkins Coie

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

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The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

FordHarrison

U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA

FordHarrison on

On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more

Miles & Stockbridge P.C.

Biden’s Department of Labor Eliminates Narrow, Employer-Friendly Trump-Era Independent Contractor Test

On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more

Holland & Knight LLP

DOL Rescinds Trump-Era Rule Regarding Employment Status Under the FLSA | Insights

Holland & Knight LLP on

The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more

Obermayer Rebmann Maxwell & Hippel LLP

DOL Withdraws Trump-Era Independent Contractor Rule

President Joe Biden’s campaign advocated for workers’ rights and sought to prevent the misclassification of employees as independent contractors. In accordance with his platform, on May 5, 2021, the Biden Administration...more

Pullman & Comley - Labor, Employment and...

DOL Proposes Delaying Newly Published Rule on Independent Contractors

Employers may be disappointed to learn that the Department of Labor’s recently issued rule clarifying the definition of “independent contractor” will likely no longer go into effect on March 8th, 2021. On January 20th, the...more

Proskauer - Law and the Workplace

White House “Regulatory Freeze” Memo Dooms DOL Independent Contractor Rule

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

Littler

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

Littler on

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

Epstein Becker & Green

Federal Judge Denies Ride Share and Delivery Companies’ Request for Preliminary Injunction to Enjoin Enforcement of California’s...

Epstein Becker & Green on

As we recently wrote here, Uber and Postmates (and two of their drivers) to file an eleventh-hour lawsuit seeking to enjoin the enforcement of California’s controversial new independent contractor law – known as AB 5 –...more

Littler

New Jersey Enacts Legislative Package to Add Teeth to Worker Misclassification Laws

Littler on

Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more

Littler

Plaintiffs’ Bar Seeks to Expand Reach of California’s Dynamex Decision and ABC Test to Franchising, Joint Employment

Littler on

The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more

Littler

California Supreme Court Grants Review of Dynamex Retroactivity – Again

Littler on

On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more

Epstein Becker & Green

Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000...

Epstein Becker & Green on

As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more

Seyfarth Shaw LLP

California State Court Agrees With Motor Carriers’ Preemption Challenge To AB 5

Seyfarth Shaw LLP on

Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more

Epstein Becker & Green

California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers

Epstein Becker & Green on

Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development....more

Seyfarth Shaw LLP

Companies Remain In Suspense On AB 5 Independent Contractor Bill

Seyfarth Shaw LLP on

Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session....more

Littler

AB 5 Update: California Senate Committee “Suspends” Discussion, For Now

Littler on

With the resumption of the current legislative session on August 12, 2019, the California Senate Appropriations Committee briefly considered Assembly Bill 5 (AB 5), the legislature’s purported solution to the California...more

Hogan Lovells

Press the Brakes: Ninth Circuit Withdraws Opinion and Leaves Dynamex’s Retroactivity Issue to California Supreme Court

Hogan Lovells on

The debate about whether the Dynamex decision applies retroactively is alive again thanks to a reverse course by the Ninth Circuit Court of Appeals.  As we previously discussed, in April 2018, the California Supreme Court...more

Littler

Ninth Circuit Withdraws Opinion Regarding Retroactivity of Dynamex v. Superior Court, Will Certify the Question to the California...

Littler on

Employers in the Golden State are well aware that last year in Dynamex v. Superior Court the California Supreme Court adopted the ABC test for determining whether workers are employees or independent contractors. ...more

Littler

Franchising and California at a Crossroads: the Dynamics of Dynamex and the ABC Test

Littler on

In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court....more

Littler

California Legislature Moves Forward with Bill to Redefine Independent Contractor Relationships

Littler on

On July 10, 2019, the California Senate Labor, Public Employment, and Retirement Committee (Committee) advanced a proposed legislative response to the California Supreme Court's opinion in Dynamex v. Superior Court, which...more

Burr & Forman

NLRB Recalibrates Independent Contractor Test

Burr & Forman on

On January 25, 2019, the National Labor Relations Board ruled in SuperShuttle DFW, Inc. that franchisees who operate shared-ride vans for SuperShuttle at the Dallas-Forth Worth airport are independent contractors and thus are...more

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