Changes at the DOL regarding Trump-era rules – Joint employer standard and independent contractor classification remain in flux

Over the past few years, we have covered the ever-changing policies and court rulings regarding the joint employer and independent contractor standards, and the Department of Labor’s recent withdrawal of a rule regarding independent contractors is no exception. President Joe Biden’s change in staffing at the National Labor Relations Board in early 2020 was a signal of changes to come, and a New York federal court struck down key portions of the new joint employer standard introduced by the Trump administration in March 2020. An appeal is currently pending in the Second Circuit. The joint employer rule also faced challenges from a number of other states because it conflicted with the definition of “employer” and “employee” in the Fair Labor Standards Act.  Read more…