Davis Wright Tremaine LLP’s Post

And it begins.... The Dept. of Labor has finalized its new Independent Contractor Classification Rule.  On the one hand, this rule will likely force clubs to make additional operational changes to ensure compliance with federal wage and hour laws. On the other, it may just make it more difficult for clubs to classify workers as ICs at all (which, incidentally, was the intent of the rule from the start). Nice one-two punch, no? Take a look at the attached and reach out if you have any questions. I'm doing a webinar on this topic for the Badger and Greater Chicago CMAA Chapters this Friday. If I can help your Chapter, just let me know. Cheers!  

Independent Contractor Rule Effective March 11, 2024 “The new “independent contractor” rule restores the multifactor analysis used by courts for decades, ensuring that all relevant factors are analyzed to determine whether a worker is an employee or an independent contractor. The rule addresses six factors that guide the analysis of a worker’s relationship with an employer, including any opportunity for profit or loss a worker might have; the financial stake and nature of any resources a worker has invested in the work; the degree of permanence of the work relationship; the degree of control an employer has over the person’s work; whether the work the person does is essential to the employer’s business; and a factor regarding the worker’s skill and initiative.”

The U.S. Department of Labor recently published a final rule on how to analyze who is an employee vs. an independent contractor. This rule rescinds the prior 2021 rule (IRS's 20-point checklist), and is more consistent with the FLSA as interpreted by longstanding judicial precedent. Ahem ahem... to my contractor friends and associates... are your "1099 contractors" really independent contractors, or employees? This new rule could have large impacts on Workers Compensation and General Liability premiums for those without an air-tight understanding and system for managing these relationships. S/O to Kristen Shields for the tip-off. Our team would love to educate you if you have concerns for your own business. "This final rule is intended to reduce the risk that employees are misclassified as independent contractors while providing a consistent approach for businesses that engage with individuals who are in business for themselves." https://lnkd.in/eT57Juaa

Don’t miss out on this opportunity to hear legal insights and best practices from ADP Counsel to inform your compliance strategy. By the end of this webinar, you will have learned: - An overview on the latest updates to FLSA and litigation related to time rounding - Practical strategies for creating a culture of wage and hour compliance in your organization - How to prepare for imminent law changes, so that you can avoid unnecessary and costly legal risks and penalties - How ADP and ADP’s workforce management solutions can support your compliance and timekeeping needs

“The new “independent contractor” rule restores the multifactor analysis used by courts for decades, ensuring that all relevant factors are analyzed to determine whether a worker is an employee or an independent contractor. The rule addresses six factors that guide the analysis of a worker’s relationship with an employer, including any opportunity for profit or loss a worker might have; the financial stake and nature of any resources a worker has invested in the work; the degree of permanence of the work relationship; the degree of control an employer has over the person’s work; whether the work the person does is essential to the employer’s business; and a factor regarding the worker’s skill and initiative.” The rule separately rescinds the 2021 Independent Contractor Rule https://lnkd.in/guHr-fRC

The U.S. Department of Labor (DOL) issued a final rule regarding Independent Contractor Classification under the Fair Labor Standards Act (FLSA) aimed at reducing “the risk that employees are misclassified as independent contractors while providing a consistent approach for businesses that engage with individuals who are in business for themselves.” The new rule rescinds the prior 2021 rule, under the previous presidential administration, which established a more business-friendly approach to the independent contractor classification standard. The old rule considered only five factors with a focus on two of them: * The nature and degree of control an employer had over a worker’s work. The individual’s opportunity for profit or loss. * The three factors with less weight were the degree of permanence of the work relationship, the amount of skill and initiative, and whether work performed was integral to the employer’s business. https://lnkd.in/gUsqQ_Ey

Not as simple as "ABC": Final rule for classifying employees vs. independent contractors under FLSA. Now in effect, so here's the FAQ: https://lnkd.in/gJx7_JMd

Is your company using 1099 Contractors? The new Department of Labor ruling comes into effect on March 11, 2024, and it is crucial to understand the new guidelines to avoid potential lawsuits. While many deem the guidelines vague, it is best to review all 1099 employee classifications now and make the necessary corrections. There are six factors to consider when classifying an employee as a 1099 Contractor. These include the degree of control the employer has over how the work is done, the worker's opportunity for profit or loss, the amount of skill and initiative required for the work, the degree of permanence of the working relationship, the worker's investment in equipment or materials required for the task, and the extent to which the service rendered is an integral part of the employer's business. At JCDHR, we are here to assist you with this process. Contact us at WWW.JCDHR or call 972-816-1077 to ensure that your company is in compliance with the new guidelines.

The new “independent contractor” rule restores the multifactor analysis used by courts for decades, ensuring that all relevant factors are analyzed to determine whether a worker is an employee or an independent contractor. The rule addresses six factors that guide the analysis of a worker’s relationship with an employer, including any opportunity for profit or loss a worker might have; the financial stake and nature of any resources a worker has invested in the work; the degree of permanence of the work relationship; the degree of control an employer has over the person’s work; whether the work the person does is essential to the employer’s business; and a factor regarding the worker’s skill and initiative. The rule separately rescinds the 2021 Independent Contractor Rule that the department believes is not consistent with the law and longstanding judicial precedent. The final rule takes effect on March 11, 2024.

New Independent Contractor Rule    The new “independent contractor” rule restores the multifactor analysis used by courts for decades, ensuring that all relevant factors are analyzed to determine whether a worker is an employee or an independent contractor.   The rule addresses six factors that guide the analysis of a worker’s relationship with an employer, including any   opportunity for profit or loss a worker might have;   the financial stake and nature of any resources a worker has invested in the work;   the degree of permanence of the work relationship;   the degree of control an employer has over the person’s work;   whether the work the person does is essential to the employer’s business;   and a factor regarding the worker’s skill and initiative.   https://lnkd.in/gkycNc_V     Effective: March 11,2024