The U.S. Department of Labor plans to issue new employee-vs.-independent contractor analysis final rule under Fair Labor Standards Act FLSA. Courts, DOL developed similar analysis standards, mostly focused on economic reality.
The federal court opined that the DOL’s Delay Rule failed to engage in notice and comment as required by the APA. It found that the Delay Rule constituted an amendment or rescission of the ICFR. Therefore, the DOL was required to follow the notice-and-comment procedure.
On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s.
Thursday, May 6, 2021
Unsurprisingly, on May 5, 2021, the U.S. Department of Labor (DOL) withdrew its Independent Contractor Final Rule, published in the last days of the previous administration.
The Final Rule, which never took effect, would have established a uniform standard for determining a worker’s status as an “independent contractor” under the Fair Labor Standards Act (FLSA). In a foreshadowing of the Final Rule’s withdrawal, earlier this year the DOL withdrew two related Opinion Letters as being prematurely issued.
Background
The FLSA guarantees a minimum wage for all hours worked and overtime for any hours worked over 40 per week for all covered, non-exempt employees. As the U.S. Supreme Court first noted more than 70 years ago, individuals who perform services for a company as an independent contractor are not afforded the FLSA’s minimum wage and overtime protections because they are not “employees.” The FLSA, however, says little about how to
To embed, copy and paste the code into your website or blog:
Unsurprisingly, on May 5, 2021, the U.S. Department of Labor (DOL) withdrew its Independent Contractor Final Rule, published in the last days of the previous administration.
The Final Rule, which never took effect, would have established a uniform standard for determining a worker’s status as an “independent contractor” under the Fair Labor Standards Act (FLSA). In a foreshadowing of the Final Rule’s withdrawal, earlier this year the DOL withdrew two related Opinion Letters as being prematurely issued.
Background
The FLSA guarantees a minimum wage for all hours worked and overtime for any hours worked over 40 per week for all covered, non-exempt employees. As the U.S. Supreme Court first noted more than 70 years ago, individuals who perform services for a company as an independent contractor are not afforded the FLSA’s minimum wage and overtime protections because they are not “employees.” The FLSA, howeve