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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