The Burr Broadcast: New Independent Contractor Rule
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
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
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
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
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
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
Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as...more
On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more
On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). This final rule rescinds the...more
This week, the Department of Labor (“DOL”) released a final rule that changes the criteria for classifying independent contractors under federal law. We first wrote about the rule change back in October 2022 when the rule was...more
On January 9, 2024, the U.S. Department of Labor announced a new final rule revising the test for whether workers are considered to be employees versus independent contractors for purposes of the Fair Labor Standards Act. The...more
After issuing proposed rules and seeking public comment in October 2022, the Department of Labor (DOL) announced the finalized regulations for its new Independent Contractor Rule (the New Rule), which takes effect on March...more
On January 9, 2024, the U.S. Department of Labor released the final details of their Independent Contractor test. This test addressing when companies can classify workers as independent contractors has been hotly debated...more
Effective on March 11, 2024, the definition of independent contractor will change for purposes of entitlement to overtime and payment of employment taxes....more
Businesses will soon find it harder to classify workers as independent contractors thanks to key changes made by the U.S. Department of Labor (DOL) today. The Biden administration officially rescinded a rule that made it...more
Executive Summary: On January 9, 2024, the United States Department of Labor (DOL) announced a final rule that revises the DOL’s interpretation of employee classification under the Fair Labor Standards Act (FLSA) only. The...more
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
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
Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more
On Tuesday, October 11, 2022, the United States Department of Labor, Wage and Hour Division (DOL), announced a proposed rule clarifying the Fair Labor Standards Act’s (FLSA) independent contractor classification test. The...more
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
It’s official – the U.S. Department of Labor has withdrawn the Independent Contractor Rule that was to become effective on May 7th. The rule – proposed by the DOL during the Trump administration – had overwhelming support...more
The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more
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
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