Tag: Independent Contractor


Donald Trump’s Labor Secretary Revokes Obama-Era DOL Joint Employer and Independent Contractor Guidance

Posted on June 7th, by Editor in Wage/Hour Class Actions. Comments Off on Donald Trump’s Labor Secretary Revokes Obama-Era DOL Joint Employer and Independent Contractor Guidance

By Philippe A. Lebel

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced that the U.S. Department of Labor (DOL) is withdrawing two major pieces of informal guidance issued during the Obama administration, pertaining to joint employment and independent contractors under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq.

The two Administrator Interpretations Letters were issued by the former head of the DOL’s Wage and Hour Division, David Weil. The first guidance letter, Administrator’s Interpretation No. 2015-1, took an aggressive position regarding misclassification of employees as independent contractors. It stressed that the “economic realities” of worker-employer relationships were paramount—i.e., whether, as a matter of economic reality, a worker was dependent on the putative employer—and suggested that most workers should be classified as employees. Although it relied on case law, the Administrator Letter provided additional refinements and, … Read More »


The EEOC’s 2017-2021 Strategic Enforcement Plan – Targeting the “Gig Economy” and Independent Contractor Misclassification

Posted on November 15th, by Editor in Audits/Due Diligence, Counseling & Compliance Training. Comments Off on The EEOC’s 2017-2021 Strategic Enforcement Plan – Targeting the “Gig Economy” and Independent Contractor Misclassification

By Gregory W. Homer and Dennis M. Mulgrew

The EEOC has issued its new Strategic Enforcement Plan for the fiscal years 2017 to 2021, which outlines the areas in which the EEOC will focus its litigation and investigation resources in the next four years.  The Plan is notable for its emphasis on the “gig” workforce – that is, the short-term, temporary, or freelance workers (often working for companies like Uber, Lyft, AirBnb, or Taskrabbit) who are typically classified as independent contractors rather than employees.

In the Plan, the EEOC identified the rise of the “gig” economy as an “emerging and developing issue” warranting increased focus, particularly with regard to “clarifying the employment relationship and the application of workplace civil rights protections in light of the increasing complexity of employment relationships and structures, including temporary workers, staffing agencies, independent contractor relationships, and the … Read More »


Passing AB 1897 Means Greater Liability for Employers Who Use Labor Contractors

Posted on May 23rd, by Editor in Counseling & Compliance Training. Comments Off on Passing AB 1897 Means Greater Liability for Employers Who Use Labor Contractors

Editor’s Note: The following post by Saba Shatara, Associate in the Los Angeles office, appears in the latest issue of the California HR Newsletter. To sign-up to receive the California HR Newsletter click here.

Passing AB 1897 Means Greater Liability for Employers Who Use Labor Contractors

The Issue:  Today, many employers rely on labor contractors or temporary employment agencies to sustain their operations.  Occasionally, however, labor contractors fail to comply with labor laws and regulations by failing to (1) pay wages; (2) report and/or pay all required contributions and personal income tax withholdings; and (3) secure workers compensation for subcontractors.  In such cases, are employers liable to subcontractors for these types of violations of their labor contractors?

The Solution:  Historically, for the most part, no.  However, California Assembly Bill (“AB”) 1897, a proposed law currently before the Assembly, would impose joint liability on … Read More »




Subscribe to Alerts

Please fill out our sign-up form to be updated on new posts.

Do You Have At Least 20 Employees in California?

By Pascal Benyamini

Currently, if you are an employer with 50 or more employees within 75 miles, you are required, under the federal Family and...

Donald Trump’s Labor Secretary Revokes Obama-Era DOL Joint Employer and Independent Contractor Guidance

By Philippe A. Lebel

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced that the U.S. Department of Labor (DOL) is withdrawing two...

Part IV of “The Restricting Covenant” Series: Coaches and Colleges

By Lawrence J. Del Rossi

This is the fourth article in a continuing series, “The Restricting Covenant.” It discusses the concept of protectable “playbooks”...