Independent Contractors

DOL Finalizes Independent Contractor vs. Employee FLSA Rule That Likely Will Never Take Effect

DOL seal

In September, we discussed the Department of Labor’s announcement of a then-proposed rule offering the agency’s interpretations of whether a worker is an independent contractor for purposes of the Fair Labor Standards Act (FLSA). Before the horrific chaos at the Capitol ...

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Protecting the Sharing Economy: Creating an FLSA Dependent Contractor Status

Last week, I answered a question about whether the FLSA is outdated in the affirmative. For the reasons I discussed last week, forcing every worker into the employee bucket, as the DOL seems to prefer, does not serve the workers or employers well. The alternative undermines the protections that employment laws are supposed to provide. In my opinion, the most balanced approach creates a dependent contractor classification under the FLSA that enjoys a floor of rights common to all workers. What would the "dependent contractor" regulation look like?

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Do Sharing Economy Cases Show that the FLSA is Outdated? Yes!

Over at the Workplace Prof Blog, Professor Sachin Pandya (Connecticut) asks whether sharing economy cases show that employment laws–in particular the FLSA–are outdated.  Without commenting on any one case or situation, the answer to me is obvious: Yes!  Recent cases involving ...

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