The U.S. Department of Labor issued its long-awaited new rule on independent contractor classification on January 9, 2024. It will be published in the Federal Register on January 10, and take effect on March 11, 2024.
With only a few substantive clarifications (discussed below), the Final Rule is identical in all material respects to the
On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The rule now heads back to DOL for publication in the Federal Register, and it is likely to take effect 60 days
In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the Pregnant Workers Fairness Act (the “PWFA”). As this legislation becomes effective—with the PUMP Act taking effect on April 28, 2023
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination of the FTC’s recent efforts, following President Biden’s July 9, 2021 Executive Order on promoting competition in the economy,
Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall of 2021, the U.S. Department of Labor’s Wage and Hour Division noted in the
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act.
In the courts, the test has always focused on the “economic reality” of the relationship between a worker and the entity that benefits from the services provided to determine whether the worker is an employee or