Independent Contractor Rulemaking Coming?

Bloomberg BNA has reported that Secretary of Labor Alexander Acosta said the Department of Labor (DOL) is considering proposing a rule to address the joint-employer issue. In addition, Acosta stated to Bloomberg that the department may also consider using rulemaking to clarify when workers—including so-called “gig economy” workers—are employees or independent contractors. Recall that one of Acosta’s initial acts as Secretary of Labor was to rescind two Obama-era administrator’s interpretations regarding joint employment and classification of independent contractors as employees under the Fair Labor Standards Act (FLSA). If these latest efforts come to fruition, it would essentially represent a “repeal and replace” of these two important policy matters.