JD Supra

The Regulatory Pendulum of Independent Contractors: Does the New DOL Test Grant More Independents?

As the Department of Labor’s (DOL) composition ebbs and flows from administration to administration, so does the guidance employers receive on one of the most challenging questions in workforce ...
HR Dive

Chevron doctrine’s death leads 5th Circuit to ask: Is DOL’s salary test for overtime eligibility safe?

Federal judges questioned Wednesday whether the U.S. Department of Labor’s salary basis test for determining overtime pay eligibility under the Fair Labor Standards Act exceeds the statutory authority ...
HR Dive

DOL proposes ‘totality-of-the-circumstances’ test for independent contractors

The FLSA’s independent contractor regulations, as with so many of the federal laws under DOL’s enforcement purview, have been subject to a veritable table tennis match between presidential ...
Engineering News-Record

DOL Proposes Tougher Test for Independent Contractor Status

The Biden administration and organized labor say a newly proposed rule reframing how employers determine whether a worker is an employee or an independent contractor should create more consistency for ...
JD Supra

DOL Proposes Return to Core Factors in Independent Contractor Test: What Energy Sector Employers Need to Know

The US Department of Labor (DOL) recently published its highly anticipated Notice of Proposed Rulemaking that would rescind the current rule governing employee versus independent contractor ...