The Impact to Employers Resulting from the DOL s Withdrawal of the Independent Contractor Rule | Kilpatrick Townsend & Stockton LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
GAO reviewed the Department of Labor, Wage and Hour Division's (Department) new rule "Independent Contractor Status Under the Fair Labor Standards Act.
Welcome to Manufacturing Updates, Pullman & Comley’s new quarterly publication that summarizes important legal developments for manufacturers. Manufacturing Updates brings together.
GAO dismissed a protest as untimely where the protester waited
until after its bid was rejected to challenge a patent ambiguity in
the solicitation.
The Army Corps of Engineers issued an invitation for bids (IFB)
that included standard FAR clauses indicating the procurement was
being set aside for small businesses, but the IFB did not include
other regulatory requirements for set asides, such as the NAICS
code or size standard.
The Army rejected the protester s low bid because the
company was other than small, and the company protested.
The protest decision is a stark reminder that a company that
competes under an ambiguous solicitation cannot wait until after
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On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act rulemaking, the analysis the Department would use to determine whether a worker was an employee or independent contractor under the federal Fair Labor Standards Act (FLSA).
These regulations (the “Independent Contractor Rule” or “Final Rule”) clarified the relevant factors the DOL would use to determine whether workers are in business for themselves and are independent contractors, or are economically dependent on a putative employer for work and thus employees under the FLSA. The Final Rule emphasized that the proper analysis is whether a worker is dependent on a purported employer for work as opposed to whether a worker is dependent on the income received.