Another day, another Trump-era Department of Labor (“DOL”) rule that’s been put on the shelf for 60 days.  Last week, we blogged about the Biden DOL’s decision to delay the rollout of the tip rules that the Trump DOL adopted in the final weeks of its administration from March 1, 2021 until at least April 30, 2021.  Yesterday, the Biden DOL announced that it was delaying the rollout of the Trump DOL’s independent contractor rule from March 8, 2021, until at least May 7, 2021.  The rule, which we blogged about here, codified the “economic realities” test that the DOL and the federal courts have long applied to determine whether a worker qualifies as an employee or an independent contractor.  Labor and progressive groups railed against the rule, arguing that it improperly expanded who would qualify for independent contractor status, particularly for gig-economy workers.

Their pleas appear to have been heard.  Just like the tip rules, it remains to be seen whether the Biden DOL will scrap the independent contractor rule entirely or simply make changes to it to better align with its priorities.  As always, we’ll keep you posted.

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Photo of John Dudrey John Dudrey

John Dudrey is a partner in the firm’s Labor & Employment group. His practice focuses on wage and hour compliance, representation of employers with unionized workforces, and complex advice and counsel matters, in addition to general labor and employment practice.

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John Dudrey is a partner in the firm’s Labor & Employment group. His practice focuses on wage and hour compliance, representation of employers with unionized workforces, and complex advice and counsel matters, in addition to general labor and employment practice.

Click here for John Dudrey’s full bio.

Photo of Chris Wall Chris Wall

Chris Wall is a trial lawyer, managing all phases of litigation, including trials and appeals in state and federal courts as well as arbitrations and administrative proceedings. He uses insights from litigation to provide his clients with strategic advice on how to avoid…

Chris Wall is a trial lawyer, managing all phases of litigation, including trials and appeals in state and federal courts as well as arbitrations and administrative proceedings. He uses insights from litigation to provide his clients with strategic advice on how to avoid litigation before it starts and resolve disputes in the most cost-effective manner. He works with businesses to navigate a wide variety of matters including labor issues, wage & hour, wrongful termination, and discrimination claims. Chris draws on his experience as a judicial extern to the Honorable John Coughenour, as a law clerk for the Alaska Supreme Court, and in commercial and environmental litigation to meet the needs of his clients.

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Photo of Ryan Kunkel Ryan Kunkel

Ryan Kunkel is a trial lawyer who litigates employment-related disputes in federal and state court and private arbitration, and counsels employers to help mitigate risk and prevent disputes from reaching litigation in the first place. Ryan specializes in pursuing and defending cases involving…

Ryan Kunkel is a trial lawyer who litigates employment-related disputes in federal and state court and private arbitration, and counsels employers to help mitigate risk and prevent disputes from reaching litigation in the first place. Ryan specializes in pursuing and defending cases involving unfair competition, such as employee non-competition, non-solicitation, and trade secret obligations, especially in the financial and manufacturing industries. His practice also includes litigating before the National Labor Relations Board, arbitrating labor grievances, and helping management navigate and resolve complex labor disputes, including organizing drives and work stoppages.

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Photo of Adam Belzberg Adam Belzberg

Adam Belzberg represents and advises employers, from small businesses to international corporations, in all aspects of labor and employment law. He has particular experience representing employers in the agriculture, construction, and energy industries. Adam’s litigation experience includes class action and individual litigation arising…

Adam Belzberg represents and advises employers, from small businesses to international corporations, in all aspects of labor and employment law. He has particular experience representing employers in the agriculture, construction, and energy industries. Adam’s litigation experience includes class action and individual litigation arising under various state and federal employment laws. He also provides daily advice and counsel to employers on employment issues including employment policies, non-compete, non-solicitation, and trade secret issues and regularly represents management before the NLRB in cases involving union representation and unfair labor practices, negotiating collective bargaining agreements, and arbitrating labor and employment disputes.

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