Independent Contractor and Joint Employer Challenges — the New Rules from the NLRB and DOL
27 March 2024
Employers and businesses are faced with new challenges regarding Joint Employer and Independent Contractor focus and rule changes. The National Labor Relations Board (NLRB) has a new Joint Employer Rule which was originally set to take effect this month but was recently vacated by a Texas court. The Department of Labor (DOL) has issued a new six-factor test for evaluating independent contractor versus employee classifications under the Fair Labor Standards Act.
These departures from the prior administration’s focus can be difficult to understand. Join us for an information-packed webinar as we:
- Discuss the NLRB’s new Joint Employer Rule. We will address:
- What is the Joint Employer rule?
- How has it changed?
- How will it affect employers and businesses?
- What is the current status of the rule? What further actions are anticipated?
- Explain the DOL’s new six-factor test for evaluating independent contractor versus employee classifications. These questions will be answered:
- What is the new DOL rule?
- How has it changed?
- How will it affect employers and business?
- What challenges to the rule are pending or anticipated?
- Provide best practices and recommendations in light of the changing landscape with respect to the Joint Employer and Independent Contractor focus and rule changes. Hopefully, this allows our clients and businesses to comply with their ongoing employment obligations and to better navigate this challenging space in the law.
People
Related Insights
January 2, 2026
Manufacturing Industry Advisor
Federal Court Denies Claim that Franchisor Is a Joint Employer with Franchisee
A federal court recently dismissed employment discrimination claims against a franchisor asserted by its franchisees’ employee after…
December 29, 2025
Tariff & International Trade Resource
Mexican January 2026 Tariff Tsunami: Maquilas Aren’t Immune
On January 1, 2026, Mexico will increase its general import tariff rate (known as the most favored nation (MFN) rate). The increase will be in the range of five to fifty percent, impacting 1,463 eight-digit tariff lines encompassing thousands of products originating in countries with which Mexico does not have a free trade agreement (FTA or the measure).
December 24, 2025
Health Care Law Today
Gender-Affirming Care: Multi‑State Lawsuit Challenges HHS Declaration
As previously discussed in Foley’s healthcarelawtoday, on December 18, 2025, the U.S. Department of Health & Human Services (HHS) held a press conference focused on what it defined as “sex rejection procedures” (SRPs), also known as gender-affirming care (GAC) for minors, and outlined next steps.