Contractors

DOL lssues New Independent Contractor Rule
October 11, 2022
The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA).
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The Independent Contractor Saga Continues: Return of the Trump Rule and David Weil's Defeat
April 14, 2022
In mid-March, a federal court revived President Trump’s “Independent Contractor” rule. Later that month, President Biden’s nominee for U.S. Department of Labor Wage and Hour Division Administrator – David Weil – failed to obtain Senate approval.
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New Rule Clarifies Standard for Independent Contractor v. Employee Status
January 7, 2021
On January 6, 2021, the U.S. Department of Labor announced a final rule clarifying the test and various factors used to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act.
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DOL's Proposed Rule on Independent Contractor/Employee Classification
November 4, 2020
The gig economy has resulted in state and federal oversight and regulation regarding whether an individual is an independent contractor or an employee.
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OFCCP May Soon Allow for Expedited Resolution of Contractor Violations
January 6, 2020
On December 30, 2019, the Office of Federal Contract Compliance (OFCCP) issued a Notice of Proposed Rulemaking that aims to clarify the process for its two formal notices – the Predetermination Notice (PDN) and Notice of Violation (NOV).
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OFCCP Issues New Construction Technical Assistance Guide
November 27, 2019
On November 13, 2019, the U.S. Department of Labor announced the issuance of the Office of Federal Contract Compliance Programs’ (OFCCP) Technical Assistance Guide – Construction Contractors.
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California Codifies “ABC” Test to Limit Independent Contractors and Expand Definition of “Employee”
September 25, 2019
Last week, California Governor Gavin Newsom signed into law a controversial and closely watched bill entitled AB-5
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New Classification Test Announced for California Independent Contractors
May 1, 2018
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee in that state unless the employer meets a three-prong “ABC” test.
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What Lessons Can Employers Learn from the Uber Class Action?
March 21, 2018
For years, a class action lawsuit brought by a group of Uber drivers has been pending in federal court in California.  The plaintiffs in that case allege that they are misclassified as independent contractors and are entitled to wages, overtime, and tips.
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Update: New York City Freelancer Rules to Take Effect July 24
July 14, 2017
As we advised you in our client advisory dated November 17, 2016, the New York City Council passed a law imposing requirements on businesses and individuals who retain the services of freelance workers as independent contractors, which took effect on May 15, 2017.
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DOL Rolls Back Obama-Era Joint Employer and Independent Contractor Guidance
June 23, 2017
Earlier this month, the United States Department of Labor withdrew its 2015 and 2016 guidance on joint employment and independent contractors.
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DOL Withdraws Guidance Documents on Joint Employment and Independent Contractor Status
June 7, 2017
The Trump administration continues to roll back the anti-business positions asserted by various federal agencies under the Obama administration, as most recently evidenced by the Department of Labor’s June 7, 2017 withdrawal of two Administrator Interpretations on joint employment and independent contractor status.
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