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Labor And Employment Law

All articles tagged with #labor and employment law

labor-and-employment-law2 years ago

"Understanding the Impact of Biden's Independent Contractor Rule on Workers and Entrepreneurs"

The Department of Labor's new rule change under the Fair Labor Standards Act, set to take effect on March 11, aims to curb misclassification of independent contractors. The rule uses an economic realities test with six metrics to determine worker classification, reverting to a pre-2021 emphasis. It applies to workers paid less than the federal minimum wage and overtime, allowing them to file claims if they believe they've been misclassified and denied proper wages.

via CNBC|
#department-of-labor#fair-labor-standards-act#independent-contractors
labor-and-employment-law2 years ago

"Biden Administration's Impact on Gig Worker Classification and Federal Labor Rules"

The US Department of Labor has published a new rule that would make it harder to classify workers as independent contractors, potentially reclassifying many gig workers as employees. The rule, set to take effect in March, aims to protect workers from exploitation by ensuring proper classification and fair wages. However, it faces opposition from business interests and is expected to lead to legal challenges. If implemented, the rule could impact companies like Uber and DoorDash, as well as sectors beyond the gig economy, such as healthcare and construction.

via Engadget|
#department-of-labor#employee-classification#gig-economy
labor-and-employment-law2 years ago

"New Department of Labor Rule Redefines Classification of Gig Workers"

The US Department of Labor has announced a final rule to clarify the classification of workers as employees or independent contractors under the Fair Labor Standards Act, aiming to combat employee misclassification and protect workers' rights. The rule aligns with longstanding judicial precedent and restores a multifactor analysis to determine a worker's status, addressing factors such as opportunity for profit or loss, degree of control by the employer, and the worker's skill and initiative. The new rule will take effect on March 11, 2024, and rescinds the 2021 Independent Contractor Rule that the department believes is not consistent with the law and longstanding judicial precedent.

via US Department of Labor|
#employee-misclassification#fair-labor-standards-act#independent-contractors
labor-and-employment-law2 years ago

"Biden's New Labor Rule Redefines Gig Worker Status for Increased Protections"

The Biden administration is implementing a new labor regulation to prevent employers from misclassifying workers as independent contractors to avoid minimum wage and overtime obligations. The rule, effective March 11, aims to crack down on employee misclassification, particularly in industries like transportation, construction, health care, and technology. The regulation outlines criteria for determining independent contractor status and is more restrictive for employers than the previous Trump-era rule. The move is seen as a return to Obama-era policies and is expected to face legal challenges from business groups.

via HuffPost|
#biden-administration#fair-labor-standards-act#independent-contractors