The Department of Labor (DOL) recently withdrew its 2015 and 2016 Administrator’s Interpretations giving informal guidance on independent contractors and joint employment.
The Administrator’s Interpretation on the subject was viewed by many as narrowing the definition of an independent contractor and bypassing the usual practice of issuing guidance in the form of regulations, which are generally subject to public notice-and-comment rulemaking procedures.
In a news release, the DOL cautioned that the removal of the Administrator’s Intrepretation does not change the legal responsibilities of employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.
The withdrawal, however, is seen as a likely policy shift in how the DOL under the Trump administration will interpret and enforce matters relating to joint employment and independent contractors.
Stay tuned for further developments. Bukaty Companies will continue to monitor this important issue.
