Trump-Era Independent Contractor Rule Reinstated. In a decision issued on March 15, 2022, the U.S. District Court for the Eastern District of Texas reinstated the U.S. Department of Labor’s (DOL) rule, “Independent Contractor Status Under the Fair Labor Standards Act,” which was originally scheduled to take effect on March 8, 2021. The Trump-era rule, which focused on workers’ control over the work and their opportunity for profit and loss, never went into effect as it was quickly paused and then rescinded altogether by the Biden administration. Business groups subsequently filed a legal challenge over the administration’s pause and rescission of the Trump-era rule. In this ruling, the court focused on process—a frequent agency rulemaking slip-up, no matter the administration—holding that the DOL violated the Administrative Procedure Act when rescinding the rule because it did not provide a meaningful opportunity for the public to comment on its proposals and also “refused to ‘meaningfully consider more limited policies’ than the total withdrawal of the Independent Contractor Rule.” The judge reinstated the rule as of its original effective date (March 8, 2021), and it remains in effect. The DOL has not yet stated whether it will appeal the decision.
DOL Proposes Prevailing Wage Changes. With passage of the $1.5 trillion infrastructure law, the administration continues to make policy changes that will impact the implementation of the law. First, President Biden issued his...
Read Full Story:
https://www.natlawreview.com/article/beltway-buzz-march-18-2022-contractor-ru...