Flaster Greenberg PC’s Post

Bill Alert! US House Bill HJRES 116 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Labor relating to "Employee or Independent Contractor Classification Under the Fair Labor Standards Act". Policy: Labor and Employment Status: Bill Introduced Full Details: https://lnkd.in/eWyMv-pX Bill 118 hjres 116, also known as the "Employee or Independent Contractor Classification Under the Fair Labor Standards Act" rule, is a piece of legislation that aims to provide congressional disapproval of a rule submitted by the Department of Labor. The rule in question pertains to the classification of workers as either employees or independent contractors under the Fair Labor Standards Act. The bill seeks to challenge the Department of Labor...

As the new year approaches, the Taft Chicago Employment and Labor Relations group discusses what Illinois employers should prepare for in 2025.

Effective today, March 11, 2024, the U.S. Department of Labor (DOL) final rule revises the Department’s guidance on how to determine who qualifies as an employee and who qualifies as an independent contractor under the Fair Labor Standards Act (FLSA).  The new rule will reduce the chance of employees being misclassified as an independent contractor. This rule will preserve essential worker rights and establish consistency for those covered by the Fair Labor Standards Act.  Learn more: https://lnkd.in/g7yeNsVC

In government contracting, compliance with labor laws is a critical component, ensuring that contractors uphold fair wages, safe working conditions, and equal employment opportunities. 🤝 Part 22 of the Federal Acquisition Regulation (FAR) establishes policies and procedures for implementing labor laws in federal contracts, setting standards that contractors must meet to promote safe, fair, and equitable workplaces. 👇🏽 Continue Reading 🔗 https://ow.ly/MH5r50U4now #TheFAR #FederalAcqusitionRegulation #GovCon #FederalContracting

On January 10, 2024, the U.S. Department of Labor (DOL) unveiled its final rule concerning the classification of workers as employees or independent contractors under the Fair Labor Standards Act. A New Dawn of Workplace Regulation: The Gig Economy features labor law experts and gig economy workers who provide insights into the advantages and challenges confronting independent contractors within the dynamic realm of the “gig economy.” This short documentary, made for the Regulatory Transparency Project, explores the historical evolution of worker classification, tracking the changes in the DOL’s rules during both the Trump and Biden administrations and examining different actions at the state level. Full video out now!

The United States Department of Labor (DOL) announced a final rule revising its interpretation of the Fair Labor Standards Act’s (FLSA) classification provision to determine whether a worker may be considered an independent contractor. The new DOL rule, which goes into effect March 11, restores the six-factor “economic realities” test used during the Obama administration, which generally makes it harder to classify a worker as an independent contractor by focusing on the degree to which the worker is economically dependent on the “employer.” Learn more: https://lnkd.in/euht-v6K

Important to note that the Department of Labor factors for determining #employee vs #contractor status are not necessarily the same factors that the #IRS considers. There's a lot of overlap, but also (as in the past) the potential to be considered an employee by #DOL standards but a contractor by IRS standards, or vice versa. https://lnkd.in/gyDaNKsA

The National Labor Relations Board's new joint employer rule is out, and the current rule (making such findings) remains alive, as I cover in our latest blog post/e-lert.

John W Hargrove and Anne Yuengert provide an update on the evolving landscape of noncompete agreements, discussing the FTC's appeal of its nationwide ban and recent developments from the National Labor Relations Board. For insights into how these changes may affect both employers and employees, read their latest post on the Labor & Employment Insights blog. [https://lnkd.in/euMXpspq]

"The U.S. Department of Labor (DOL) has published a final rule that will change the test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule takes effect March 11, 2024. Here are some key points to know about the new test."