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DOL Joint Employer Rule Vacated by Judge
On March 11, 2024 by Mark Schulz
A federal judge has vacated the Department of Labor’s (DOL’s) “joint employer” rule (the “2024 Rule”), which would have revised the employee-independent contractor test analysis used to classify a worker as an employee or an independent contractor that was set to be effective today, Monday, March 11.
DOL Publishes Final Rule for Determining Independent Contractor Status
On January 11, 2024 by Mark Schulz
The US Department of Labor (DOL) issued a final rule on Jan. 9 that revised the federal framework for determining whether a worker is classified as an employee or an independent contractor under the Fair Labor Standards Act (FLSA).
NLRB Returns to Previous Independent Contractor Test
On June 22, 2023 by Mark Schulz
In a decision published on Jun. 13, the National Labor Relations Board (NLRB) returned to the FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act (NLRA).
DOL Issues Rulemaking Notice to Change the Worker-Contractor Classification Rule
On October 13, 2022 by Mark Schulz
Today, the Department of Labor (DOL) will issue a notice of proposed rulemaking to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The department believes the new rule will preserve essential worker rights and provide consistency for regulated entities.
NLRB Mulling Rulemaking to Address Joint-Employer Standard
On May 29, 2018 by Guest Contributor
The National Labor Relations Board (NLRB) is considering rulemaking to address the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The joint-employer standard comes into play when two or more businesses share control and responsibility over certain employees. It is most often seen in the context of franchise operations, subcontracting arrangements and, in the case of LeadingAge Minnesota members, use of contract workers.