Joint Employer and Independent Contractor Guidances Withdrawn

 
Monday, June 26, 2017
 
U.S. Secretary of Labor Alexander Acosta announced on June 7, 2017, the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors. The informal guidances had been criticized for expanding the concepts of joint employment and a presumption of employment when concerning independent contractors.  Administrator's Interpretation No. 2015-1, issued in July 2015, addressed the classification of independent contractors as employees under the FLSA. Administrator's Interpretation No. 2016-01, issued in January 2016, established new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
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