News & Analysis as of

Totality of Circumstances Test Wage and Hour Misclassification

Amundsen Davis LLC

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

Amundsen Davis LLC on

On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....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

Balch & Bingham LLP

Four Steps Businesses Can Take To Prepare For Dept. Of Labor’s New Independent Contractor Rule

Balch & Bingham LLP on

Businesses across Mississippi and the nation should plan to comply with a new rule from the Department of Labor (DOL), set to take effect on March 11, 2024, revising the way in which employers analyze who is an employee and...more

Venable LLP

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

Venable LLP on

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

McGlinchey Stafford

Who is an Independent Contractor? DOL Issues New Rule

McGlinchey Stafford on

The issue of who is an independent contractor can be tricky, particularly in the age of technology. If an employer misclassifies an individual as an independent contractor, there are a number of penalties for which the...more

Tonkon Torp LLP

Department of Labor Issues Final Rule on Independent Contractors

Tonkon Torp LLP on

The U.S. Department of Labor has published its final rule on how to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA). The rule is effective March 11, 2024, and...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Cole Schotz

United States Department of Labor Releases New Rule for Independent Contractor Classification

Cole Schotz on

On January 9, 2024, the United States Department of Labor (“DOL”) released a final rule (the “Final Rule”) setting forth new standards for determining whether an individual may be classified as an independent contractor under...more

Husch Blackwell LLP

U.S. Department of Labor Issues Final Rule on Independent Contractors

Husch Blackwell LLP on

On January 10, the U.S. Department of Labor (DOL) issued its final rule on the definition of “independent contractors” under the Fair Labor Standards Act (FLSA). This rule rescinds the 2021 rule and claims to be more...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Roetzel & Andress

U.S. Department of Labor Implements New Rule to Clarify Worker Classification under FLSA

Roetzel & Andress on

The US Department of Labor Wage and Hour Division has finalized a new rule to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. This rule will go into effect on March...more

Sherman & Howard L.L.C.

DOL Officially Returns to Stricter Independent Contractor Rule Under Fair Labor Standards Act

“Employee means any individual employed by an employer.” That’s not some sixth grader’s attempt to mask their failure to study for a vocab quiz: It’s what Congress gifted us with 85 years ago in the Fair Labor Standards Act...more

Constangy, Brooks, Smith & Prophete, LLP

DOL issues Final Rule on independent contractors under the FLSA

Yesterday the U.S. Department of Labor issued a Final Rule addressing how to determine whether a worker is properly classified as an “employee” or an “independent contractor” under the Fair Labor Standards Act....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11,...more

Fox Rothschild LLP

USDOL Proposed New Independent Contractor Doctrine Focuses On Control: An Interesting Take?

Fox Rothschild LLP on

Several months ago, the US Department of Labor (DOL) proposed a rule in a Notice of Proposed Rulemaking (“Notice”) to define when someone is/is not an independent contractor. The focus of the proposal is on the “control”...more

Gould + Ratner LLP

NLRB Restores Employee-Friendly Independent Contractor Test

Gould + Ratner LLP on

On June 13, 2023, the National Labor Relations Board (NLRB) overruled the Trump-era decision that “entrepreneurial opportunity” is the animating principle of the test to determine whether a worker is an employee or...more

Fisher Phillips

Is This Your New Roadmap To Misclassification Success? Maybe.

Fisher Phillips on

This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

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