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Classification Employees Wage and Hour

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 1, April 2024

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Flaster Greenberg PC

Are Coaches Independent Contractors or Employees?

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An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

Woods Rogers

Department of Labor’s New Employee Classification Rule

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The Department of Labor (DOL) recently announced a final rule covering when workers may be classified as independent contractors. The new rule, available in full on the Federal Register, is effective March 11, 2024, so...more

Goldberg Segalla

US DOL Announces Final Rule on Classification of Workers as Employees or Independent Contractors under FLSA

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Key Takeaways - -The Department of Labor recently clarified a critical distinction between an employee and an independent contractor. -The courts will no longer use the Trump-era rule that focused on two core factors:...more

Bradley Arant Boult Cummings LLP

The ‘New’ New Final Rule? DOL on Independent Contractors and the FLSA

Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent contractor status under the Fair Labor Standards Act (the New Rule). The New...more

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

Jackson Walker

U.S. Department of Labor’s Final Rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act

Jackson Walker on

On January 9, 2024, the U.S. Department of Labor (“DOL”) announced the issuance of the final rule, Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). According to the DOL, the...more

McNees Wallace & Nurick LLC

DOL Rolls Out Final Rule on Independent Contractors under the FLSA

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). ...more

Bass, Berry & Sims PLC

DOL Issues Final Rule Regarding Independent Contractor Classification

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The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification. The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced...more

Brownstein Hyatt Farber Schreck

Reality Check: U.S. Department of Labor Finalizes Worker Classification Rule

On Jan. 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced its final rule on Employee or Independent Contractor Classification. The announcement marks the end of a rulemaking process that started...more

Fenwick & West LLP

Startup Guide to Hiring and Terminations: Worker Classification

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Hiring workers is an important step for startups. Startups engage two main types of workers—employees and independent contractors. It can be difficult to determine the proper classification of a worker, especially since both...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

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Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 Edition

This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more

Perkins Coie

US Department of Labor Proposes Independent Contractor Rule

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The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more

White and Williams LLP

U.S. Department of Labor Ramps Up Wage and Hour Division

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The U.S. Department of Labor (DOL) has announced that it will hire 100 new investigators in its Wage and Hour Division (Division). This is a strong signal that the DOL will be increasing its focus and prioritization of...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

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The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Brooks Pierce

New DOL Independent Contractor Rules

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The U.S. Department of Labor has announced new rules, effective March 8, 2021, clarifying how to determine if an individual is an employee–entitled to minimum wage, overtime, and other statutory protections—or an independent...more

Constangy, Brooks, Smith & Prophete, LLP

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

Zelle  LLP

That is SO last week - July 2015 #3

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There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

Greenberg Glusker LLP

Client Alert - Interns & Independent Contractors

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Second Circuit Reverses Class Certification Ruling in Fox Searchlight Unpaid Intern Case, Directing Trial Court to View Economic Benefit Factors Through New Lens - A federal appellate court in New York handed an apparent...more

Proskauer - Law and the Workplace

US Department of Labor Issues Administrator’s Interpretation Aimed At Limiting Independent Contractor Classification

As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair...more

Foley Hoag LLP

U.S. Department of Labor Issues Administrator’s Interpretation on Independent Contractors

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As promised earlier this summer, on July 15, 2015, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an “Administrator’s Interpretation” (AI) regarding when individuals are misclassified as independent...more

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