DOL Withdraws Guidance Documents
On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on independent contractors and joint employment. Administrator’s Interpretation No. 2015-1 discussed the factors that make a worker an independent contractor or an employee, and under this guidance more workers were considered employees. Administrative Interpretation No. 2016-1 discussed joint employment relationships; this guidance expanded the types of entities that would be considered employers and subject to liability. The removal of these guidance documents does not change the legal responsibilities of employers under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act, as reflected in DOL regulations and case law.