DOL withdraws its 2015-16 guidance regarding joint employment and independent contractors

On June 6, 2017, the DOL withdrew its 2015-16 guidances regarding joint employment and independent contractors. In doing so, the DOL cautioned, “Removal of the administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act, as reflected in the department’s long-standing regulations and case law.” The impact of this withdrawal is not, therefore, clear. While not a change to the blackletter law of independent contractor analysis, this may signal a lessening of DOL’s desire to apply that law strictly.

Source: DOL News Release (6/6/17)