The US Department of Labor (DOL) will soon propose a new regulation that would apply a version of the decades-old "economic realities test" as its standard for determining whether a worker is an independent contractor under the Fair Labor Standards Act (FLSA).
The Biden administration wants to go back to the drawing board after a federal judge reinstated the Trump administration's independent contractor rule earlier this spring.
A federal court has reinstated the Trump administration's independent contractor rule, which had been withdrawn last year by the Biden administration.
The DOL said the $7.2 million judgment sends an "unequivocal message" to employers that it will pursue all available remedies when it finds an employer has willfully violated federal employment laws.
The Protect App-Based Drivers and Services Act allows gig economy companies like Uber, Lyft and DoorDash to classify their drivers as independent contractors under certain conditions.
Four new laws boost New Jersey's capacity to investigate and enforce misclassification of independent contractors and further increase the penalties for misclassification.
Without the new rule, the longstanding "economic realities test" will remain the standard for determining independent contractor status under the Fair Labor Standards Act (FLSA).
The US Department of Labor (DOL) is issuing Notices of Proposed Rulemaking (NPRMs) rescinding the Trump administration's rules for independent contractors and joint employment under the Fair Labor Standards Act (FLSA).
The White House has issued a memo directing the US Department of Labor (DOL) to consider postponing until March 23 any rules that were finalized after the November 3 election but have not yet gone into effect.
The Supreme Court of California held that employers reasonably could have foreseen it would have established a worker-friendly "ABC test" for classifying workers.
News: HR guidance on legally classifying and managing independent contractors under federal tax and employment laws.
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