Tag Archives: Independent Contractors

DOL Proposes (Potentially Temporary) Independent Contractor vs. Employee Interpretations of FLSA

DOL seal

Since the Department of Labor (DOL) Wage and Hour Division first announced its spring’s unified regulatory agenda, we have known that the DOL was planning to use the waning months of the Trump administration’s first term to fast track a new employee ...

Read More »

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Last week, I answered a question about whether the FLSA is outdated in the affirmative.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?

Read More »

Do Sharing Economy Cases Show that the FLSA is Outdated?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Sachin Pandya (Connecticut) asks whether sharing economy cases show that employment laws–in particular the FLSA–are outdated.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 ...

Read More »