DOL Delays Trump’s Last-Minute Independent Contractor Rule

March 3, 2021

Read Time: 1 min

Labor and Employment Chair Mag Bickford (New Orleans) was quoted in a Law360 story following news of the Dept. of Labor’s decision to push back implementation of the rule (instituting a multifactor test to determine whether to classify a worker as an employee or independent contractor) from March 8 to May 7.

“I would caution employers to take a broader view than what the pending regulation reads,” Bickford told Law360. “It would be not surprising that we go back to the standard prior to the final rule published on Jan. 7.”

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Insights

In the Media

A labor lawyer breaks down the complicated relationship between Starbucks and its growing union

April 28, 2022

Chair of McGlinchey's Labor and Employment team Magdalen Blessey Bickford (New Orleans) spoke with Nation's Restaurant News about the legal complications of the struggle between Starbucks and its unionized employees, including issues of contract negotiation, union busting, unfair labor practices, and union elections.

Alert

Department of Labor Withdraws Final Rule on Independent Contractor Status

May 17, 2021

On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarified how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act (FLSA). However, the DOL has since withdrawn this Trump-era rule, effective May 6, 2021.

In the Media

3 Tips For Navigating Payroll Record-Keeping Requirements

March 8, 2021

Labor and Employment Chair Mag Bickford (New Orleans) was quoted in a Law360 story detailing a Fifth Circuit ruling that highlighted the importance of maintaining payroll records under the Fair Labor Standards Act.

Published Article

Vaccines in the Time of COVID: An Employer’s Perspective

December 28, 2021

Mag Bickford (New Orleans) and Chase Stoecker (Ft. Lauderdale) authored the article "Vaccines in the Time of COVID: An Employer’s Perspective" in the Alabama Bankers Association December 2020 Board Briefs newsletter.

Alert

DOL Issues Final Rule on Independent Contractor Status

January 11, 2021

On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarifies how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act (FLSA).

Event

Bring Your Own Policy: Post-Election, Now What?

December 10, 2020

What will the upcoming change in executive administration mean for employers and HR departments? Bring Your Own Policy, handbooks, and specific questions for a discussion on what 2021 (and beyond) may look like in the employment world.

Podcasts

Podcast: Political and Controversial Activity in the Workplace

October 16, 2020

Election season is in full swing and the climate is certainly charged. In this episode we'll discuss employees’ political and controversial speech, implications on employment, and what employers can do to discourage or discipline employees engaging in distracting and controversial activity inside and outside of the workplace.