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Economic Realities Test Department of Labor (DOL) Fair Labor Standards Act (FLSA)

Hall Benefits Law

The DOL’s New “Economic Realities” Test to Determine Employee Status: ERISA Considerations for Benefit Plan Sponsors

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The Department of Labor (DOL) Wage and Hour Division issued final regulations, effective March 11, 2024, which are intended to serve as a practical guide to employers on how the DOL determines whether a worker is an employee...more

Patterson Belknap Webb & Tyler LLP

Labor Department Issues New Independent Contractor Rule

On January 10, 2024, the Wage and Hour Division of the United States Department of Labor (“DOL”) published a final rule (the “Final Rule”), which became effective on March 11, 2024, modifying the DOL’s guidance on how to...more

Levenfeld Pearlstein, LLC

Are Your Workers Independent Contractors or Employees: A New DOL Rule Aims to Help Employers Answer That Question

The U.S. Department of Labor’s (DOL) Wage and Hour Division updated its regulation concerning Employee or Independent Contractor Classification Under the Fair Labor Standard Act, with changes effective March 11, 2024. The...more

Gray Reed

More Guidance on Worker Classification for the Energy Industry

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This post is a summary of a more detailed Client Alert prepared by Gray Reed’s labor and employment practice group. Recall our recent post on the Department of Labor’s new “Economic Realities Test” for classifying...more

Goodwin

Employment Status - A View From Both Sides of the Pond

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In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Locke Lord LLP

Court Challenges Filed to Final Independent Contractor Rule – But Does It Really Matter?‎

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As discussed in our QuickStudy of January 9, the U.S. Department of Labor has issued its long-awaited final rule setting forth its version of the test for independent contractor status under the federal Fair Labor Standards...more

Manatt, Phelps & Phillips, LLP

DOL’s Independent Contractor Rule Set for March

On March 11, 2024, the Department of Labor’s (DOL) new rule on the standard for determining who is an employee and who is an independent contractor under the Fair Labor Standards Act (FLSA) is set to take effect....more

Venable LLP

What's Old Is New Again: Department of Labor Issues Final Rule Returning to Totality-of-Circumstances Test to Determine...

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Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor...more

FordHarrison

Department of Labor’s New I.C. Rule No Longer on Ice: What Employers Need to Know About Determining Independent Contractor Status...

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Introduction - After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act...more

Butler Snow LLP

DOL Final Independent Contractor Rule Already Facing Legal Challenges

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Following multiple delays, and after ongoing litigation stalled its previous rulemaking attempts, the U.S. Department of Labor issued its long-anticipated independent contractor final rule on Tuesday, January 10, 2024,...more

Adams and Reese LLP

Declare Your "Independents" - New DOL Rule Clarifies Contractor Classification

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The Department of Labor (DOL) began 2024 by announcing a new rule for analyzing independent contractor status under the Fair Labor Standards Act. Whether or not a worker is considered an employee determines that worker’s...more

Maynard Nexsen

Everything Old is New Again: USDOL’s Reinstatement of the Totality-of-the-Circumstances Rule for Independent Contractor Analysis

Maynard Nexsen on

The latest final rule on independent contractors issued by the U.S. Department of Labor (DOL) returns to the economics reality test effective March 11, 2024. This final rule rescinds the rule published at the end of the Trump...more

Robinson Bradshaw

How the DOL’s Independent Contractor Rule Tug-of-War Could Affect Your Company

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Independent contractors are not entitled to minimum-wage and overtime-pay protections that the Fair Labor Standards Act (FLSA) affords to employees. Therefore, classifying workers as employees or independent contractors can...more

Gray Reed

Employee or Independent Contractor? Know the New Rules

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The Department of Labor recently made key changes to its rules in a way that will affect the oil and gas sector. The new rule rescinds a Trump Administration rule that had simplified the process of classifying workers as...more

Trusaic

How to Comply with the New DOL Independent Contractor Rule

Trusaic on

The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. ...more

Akerman LLP - HR Defense

Out With The Old, In With The… Old? DOL Releases “New” Independent Contractor Rule, Bringing Us (Mostly) Back to Status Quo

Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising...more

Cooley LLP

US Department of Labor Issues Final Rule on Independent Contractor Status

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On January 10, 2024, the US Department of Labor (DOL) published its final rule for modifying its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act...more

Epstein Becker & Green

New Independent Contractor Rule Facing Multiple Legal Challenges

On January 9, 2024, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule regarding how to determine whether a worker qualifies as an employee or may be considered an independent...more

Hogan Lovells

U.S. Department of Labor announces final rule on independent contractor classification

Hogan Lovells on

On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule that revises the standard for determining whether a worker is properly classified as an employee or an independent contractor under the Fair Labor...more

Perkins Coie

January Tip of the Month: DOL Reinstates 'Economic Realities Test' for Independent Contractor Analysis

Perkins Coie on

On January 10, 2024, the U.S. Department of Labor (DOL) published a Final Rule revising its prior guidance on how to determine whether an individual may properly be classified as an independent contractor under the Fair Labor...more

BakerHostetler

Lawsuits Aim to Void DOL’s New Independent Contractor Test

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A few weeks ago, we brought you news that the Department of Labor (DOL) dropped a new independent contractor rule under the Fair Labor Standards Act (FLSA) that arguably leans in favor of employees. And, as we predicted, the...more

Lathrop GPM

U.S. DOL Issues Final Independent Contractor Rule

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The U.S. Department of Labor (“DOL”) announced a final rule revising its guidance on how to analyze whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Mintz - Employment Viewpoints

The DOL Issues a Final Rule Returning the Independent Contractor Classification Analysis under the FLSA to a More...

The U.S. Department of Labor (the “DOL”) recently issued a final rule (the "2024 Rule") which reverts the independent contractor analysis back to a multifactor, totality-of-the-circumstances review that, as compared to the...more

Wyrick Robbins Yates & Ponton LLP

DOL Issues Long-Awaited Independent Contractor Classification Regulation

The Department of Labor’s final rule for classifying independent contractors replaces the previous Trump-era rule that emphasized two factors – control over the work performed and the worker’s opportunity for profit or loss –...more

Davis Wright Tremaine LLP

Employee or Independent Contractor? New DOL Rule Aims to Clarify Worker Classifications

The Department of Labor (DOL) has issued its highly anticipated final rule addressing the classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This new rule, which takes effect on...more

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