DOL Appeals Reinstatement of Independent Contractor Rule. Late last week, the administration filed its notice of appeal of the recent decision by the U.S. District Court for the Eastern District of Texas to reinstate the Trump-era independent contractor rule. Even though the rule remains in place, independent contracting arrangements will continue to be an enforcement focus of the U.S. Department of Labor (DOL), particularly in the hospitality, healthcare, janitorial, and construction industries. Also, the National Labor Relations Board (NLRB) is in the process of making changes to its test for independent contractor status. This all means that the independent contractor landscape will continue to remain uncertain for some time.
Wage and Hour Bill on the Move. Last week, the Buzz discussed the Wage Theft Prevention and Wage Recovery Act (H.R. 7701, S. 4174) and the dramatic changes it would make to the Fair Labor Standards Act. This week, the U.S. House Committee on Education and Labor voted to approve the bill and advance it to the floor of the U.S. House of Representatives. At this time, there is no word on when—or if—the full House will vote on the bill. A companion bill in the Senate has twenty-eight cosponsors (twenty-seven Democrats and Senator Bernie Sanders [I-VT], who caucuses with the Democrats).
Bill Makes Changes to ERISA Claims Process. The same House committee also advanced the Mental Health Matters Act (H.R. 7780) this week. Tucked into the bill is the...
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