Thursday, March 11, 2021
We’re 50 days into the Biden administration. Here’s an update on where things stand with respect to wage and hour law at the federal level:
On March 11, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) as expected announced its proposals to rescind the Trump-era rules on independent contractor classification and joint employment.
WHD’s Notice of Proposed Rulemaking (NPRM) to withdraw the independent contractor rule which was initially scheduled to take effect on March 8, 2021 but then delayed until May 7, 2021 by virtue of the White House’s January 20 regulatory freeze memorandum is here. The Trump-era rule would have relaxed the standards for classifying workers as independent contractors, elevating two factors (control and opportunity for profit or loss) above other factors and giving them greater probative value in the classification analysis. Per the NPRM, this approach would mark a departure from WHD’s l
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President Biden hails Amazon workers pressing to unionize in Alabama in unusual sign of support Jay Greene, Eli Rosenberg © Jay Reeves/AP Tray Ragland, left, and Kim Hickerson of the Retail, Wholesale and Department Store Union hold signs outside an Amazon facility Bessemer, Ala., where the union is trying to organize warehouse workers. SEATTLE President Biden gave Amazon warehouse staff in Alabama fighting to join a union their biggest support yet, tweeting a video Sunday night, saying workers should be able to make their decision in the election without pressure from the company. More than 5,800 workers at an Amazon warehouse in Bessemer, Ala., are in the middle of a seven-week voting period to determine whether they want the Retail, Wholesale and Department Store Union to represent them. Although Biden didn’t name Amazon in the video, he made it clear that he supports the union drive.