HR - Independent Contractors

The Department of Labor recently clarified a critical distinction between an employee and an independent contractor.

It’s not just California! Earlier this month the U.S. Department of Labor published its final rule regarding independent contractor classification. The new rule is effective on March 11, 2024, and adopts a multi-factor test under the Fair Labor Standards Act.

The U.S. Department of Labor (DOL) has released its long-anticipated Final Rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule, published in the Federal Register on Jan. 10, 2024, is slated to

By: Department of Labor’s Controversial Rule to Determine Independent Contractor Status By: Department of Labor’s Controversial Rule to Determine Independent Contractor Status By CJ Singh and Dan M. Forman On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whethe

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, 2024, is largely consistent with the proposed version the DOL rolled out in

DOL rule creates six-factor “economic realities” test to determine independent contractor status under the FLSA. The new rule differs significantly from prior DOL guidance and its rule governing independent contractor relationships issued in 2021.

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 rule has no bearing on the analysis used for classification under any other

In this episode, Jen discusses the significant increase in independent contractor classification challenges and how to minimize your potential liability.

The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc. , 372 NLRB No. 95 (2023).

On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for referrals from the DOL’s Wage & Hour Division (WHD) to the Small Business/Self

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of Labor’s (DOL) recently published proposed rule restricting when individuals

The U.S. Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards Act (FLSA).

Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). The DOL believes th

On October 11, 2022, the U.S. Department of Labor (DOL) unveiled a new proposed rule that could make it more difficult for workers to be classified as independent contractors under the Fair Labor Standards Act (FLSA). The proposed rule, which would rescind and replace a prior rule published in Janua

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 requirements relating to minimum wage, overtime, and recordkeeping apply to emplo

The U.S. Department of Labor (DOL) violated the Administrative Procedure Act (APA) when it withdrew a Trump-era Independent Contractor Final Rule (ICFR), a Texas federal court has held. Coalition for Workforce Innovation et al. v. Walsh , No. 1:21-cv-00130-MAC (E.D. Tex. Mar. 14, 2022).

On March 14, 2022, the United States District Court for the Eastern District of Texas ruled that the Biden Administration’s attempt to rescind the Trump Administration’s rule “Independent Contractor Status under the Fair Labor Standards Act” (the “Independent Contractor Rule”) violated the Administr

At its current growth rate, the majority of the U.S. workforce will be freelancers by 2027 . 1 Between federal and state case, statutory, and administrative law, there are too many tests to count for determining whether a worker is an employee or independent contractor. Even within the same jurisdic

The U.S. Department of Labor (DOL) unlawfully delayed and then withdrew the Independent Contractor (IC) Final Rule, published in the waning days of the Trump Administration, a federal court in Texas has held.

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the Department of Labor’s 2021 delay and ultimate withdrawal of regulations governing in