Tag: Independent Contractors

DOL Publishes Final Rule Regarding Independent Contractor Classification Under FLSA

Recently, the U.S. Department of Labor (DOL) issued its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA). This new rule, effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule (2021 IC Rule). The 2021 […]

Final Independent Contractor Rule Rejects ‘Core Factor’ Test

On January 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a final rule—going into effect beginning March 11—that will determine whether a worker can be classified as an independent contractor as opposed to an employee under the Fair Labor Standards Act (FLSA). The 2024 rule modifies regulations by adopting […]

DOL’s Final Independent Contractor Rule Returns to Six-Factor Test

The U.S. Department of Labor (DOL) has published its final rule on the classification of workers as either employees or independent contractors (ICs). Under the rule, the DOL returns to the “totality of the circumstances test,” with a focus on workers’ economic dependency on their employers. Why Properly Determining Worker Status Is Important Whether a […]

DOL’s New Contractor Rule Bringing Big Changes—if it Survives Challenges

A final rule from the U.S. Department of Labor (DOL) means employers can expect a much tougher time justifying a worker’s status as an independent contractor—a fact that has big implications for the gig economy and has attorneys who advise employers urging caution. The final rule, announced on January 9 and scheduled to be published in […]

Copyright Ownership of Creative Works Made for Hire

When an employer directs an employee to create a work that would trigger copyright protection, who owns the copyright? What if an employer has engaged the services of an independent contractor, who creates the work for the business? Although employers may not run into this situation very often, it has the potential to create big […]

4 Reasons Why a Virtual Assistant Could Be Your Next Great Hire

Employee burnout has become an epidemic, with countless workers feeling overwhelmed, unfulfilled, and ready to quit their jobs. Companies across all industries have been struggling to find ways to keep their workforce engaged and retained. However, many have overlooked one potential solution that can significantly improve employees’ day-to-day experience: hiring a virtual assistant (VA). VAs […]

Understanding the NRLB’s New Joint Employer Rule Proposal

Over the last decade, there has been a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability issues for the secondary employer in areas such as wages and safety matters. The rules governing that determination may be about to change.

The Gig Is Up: Uber Agrees to Pay $100 Million in Dispute Over Drivers’ Employment Status

There’s a growing tendency for workers to request mobility in the labor market. Coupled with this is a growing tendency for businesses to classify workers as independent contractors instead of employees. This phenomenon has been dubbed a “gig” economy. Recently, Uber agreed to pay $100 million to the state of New Jersey to settle a […]

DOL’s Proposed Rule Aims to Tighten Independent Contractor Definition

As the U.S. Department of Labor (DOL) prepares to publish a new proposed rule on how individuals can be classified, employers are being warned to expect a tougher time justifying an independent contractor classification. The DOL will publish a Notice of Proposed Rulemaking on October 13 aimed at clarifying how workers can be classified under […]

misclassification

Determining Independent Contractors: Sometimes the Government Loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]