Tag: DOL

Diversity Training Guidance On The Horizon, DOL Chief Says

Law360 (October 1, 2020, 9:09 PM EDT) — Labor Secretary Eugene Scalia on Thursday said his agency will issue new guidance to clarify a recent presidential order barring certain racial sensitivity training seminars by federal contractors, and added that he disagreed with a federal judge’s recent decision partially striking down DOL regulations that laid out when affiliated employers can be held jointly liable for employment law violations.

Scalia’s remarks came at the 73rd Annual New York University School of Law Labor Conference, which was held virtually due to the coronavirus pandemic. One of the topics he touched on during a Q&A at the event was an executive order that…

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How DOL Proposal Changes Independent Contractor Analysis

Law360 (September 28, 2020, 1:48 PM EDT) — On Sept. 25, the U.S. Department of Labor issued a notice of proposed rulemaking[1] and request for comments in the Federal Register that seeks to simplify and clarify how to determine whether a worker is an independent contractor or employee under the Fair Labor Standards Act.

The DOL has fast-tracked this rule and appears committed to finalizing the proposed regulations before the end of the year.

President Franklin Roosevelt signed the FLSA following the Great Depression and before the U.S. entered World War II when the options for work were largely limited to earning a wage by working for someone else….

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DOL proposal would help clarify difference between company drivers, owner-operators under Fair Labor Standards Act

WASHINGTON — The U.S. Department of Labor has proposed a rule that would clarify the definition of “employee” under the Fair Labor Standards Act (FLSA) as it relates to independent contractors.

“The department’s proposal aims to bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards Act (FLSA),” said Eugene Scalia, U.S. Secretary of Labor. “Once finalized, it will make it easier to identify employees covered by the Act, while respecting the decision other workers make to pursue the freedom and entrepreneurialism associated with being an independent contractor.”

The DOL says the proposed rule:

  • Adopts an “economic reality” test to determine a worker’s status as an FLSA employee or an independent contractor. The test considers whether a worker is in business for himself/herself (independent contractor) or is economically dependent on a putative employer for work (employee).
  • Identifies and explains two “core factors”: The
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