In “Here’s What Employers May Expect from the DOL’s Wage and Hour Division,” labor and employment partner Mark Terman spoke to The Society for Human Resource Management (SHRM) about rescinded or revamped Department of Labor (DOL) guidelines and rules and what employers can expect regarding new rulemaking.
The publication described how the DOL withdrew the prior administration’s independent-contractor rule. The rescinded rule “would have made independent-contractor classification far easier under federal law,” noted Terman. The rule would have primarily focused on who controls the work and whether the worker has the opportunity for profit and loss, he explained.
Terman also said, “We can expect the Biden administration to push toward a federal $15 minimum wage for all workers.”
Further, if David Weil, a former head of the DOL’s Wage and Hour Division and Biden’s nominee, is confirmed to resume his role, Terman expects to see rulemaking that will make it easier to establish joint-employer liability for wage and hour violations.