DOL Withdraws Joint Employment, Independent Contractor Informal Guidance Featured

  12 June 2017

U.S. Secretary of Labor Alexander Acosta has announced the withdrawal of the U.S. Department of Labor’s (DOL) 2015 and 2016 informal guidance on joint employment and independent contractors.

  According to the DOL, “[r]emoval of the administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act, as reflected in the department’s long-standing regulations and case law. The department will continue to fully and fairly enforce all laws within its jurisdiction, including the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.” Business groups considered the guidance costly and unduly burdensome. For California employers, the state remains committed to ensuring that workers are properly classified as employees versus independent contractors, and therefore continues to broaden the criteria for employee status versus independent contractor. Read more here.  

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