Tag Archives: independent contractor

NLRB’s New Joint Employment Rules Fail . . . But Live to Fight Another Day

Waivers
No matter your political persuasion, there is little argument that during the second term of the previous administration, multiple federal agencies made landscape-altering changes to federal labor policy. These changes included rewriting guidance on independent contractor standards and accelerating the speed at which union organizing elections would occur following the filing of a representation petition.  … Continue reading this entry

Trump Department of Labor Continues to Chip Away at Obama Wage & Hour Efforts - WHD Interpretive Guidance on Joint Employer and Independent Contractors Withdrawn

PAID
On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD) Administrator, sought to limit instances of misclassification of workers, and expand the instances where a business might be considered a joint employer … Continue reading this entry

No Stay for Other Pay-Related Regulations

Wage and Hour
A trio of recent court decisions staying implementation of the controversial persuader rule, most of the much-criticized Fair Pay and Safe Workplaces (“FPSW”) executive order, and the Department of Labor’s highly publicized overtime rule are a breath of fresh air for employers who have been struggling to keep up with the onslaught of new regulatory … Continue reading this entry

United States Department of Labor Intensifies Focus on Independent Contractor Classifications with New Administrator's Interpretation

Last month, the United States Department of Labor issued Administrator’s Interpretation No. 2015-1, regarding “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.”  While the Interpretation does not represent a change in the law, it is certainly an indication that the … Continue reading this entry

We Contracted Directly With a Worker. . . How Long Can We Keep This “Temporary” Independent Contractor?

While some “temporary” workers are employed by a staffing agency, other workers contract directly with a company as consultants or independent contractors. In the case of these contractors, the question often arises — how long can we keep contracting with this person? While there is not a bright line answer to this question, there are … Continue reading this entry