DOL Withdraws Wage and Hour Guidance on Joint Employment and Independent Contractors
Posted on 06/07/2017 at 12:00 AM by Mike Staebell
Today the US Department of Labor issued a very short press release announcing the withdrawal of two Wage and Hour Administrator’s Interpretations (AI). Secretary of Labor Alexander Acosta announced the withdrawal of FLSA 2015-1, guidance on employment relationship and independent contractors and the “suffer or permit” standard, and FLSA 2016-1, on joint employment (see my blog). These AIs have already been removed from the DOL’s website.
The press release does not divulge if DOL is backing off on its “push the envelope” enforcement positons, as laid out in the Administrator’s Interpretations. But that would be a logical conclusion. The withdrawal of the joint employment AI is particularly interesting. It may a harbinger of things to come from other federal agencies on that issue, such as the National Labor Relations Board.
Wage and Hour Watch will keep you informed of enforcement policy changes should they occur.
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