Nothing New and Likely to Be Ineffective: The New Proposed Independent Contractor Rule Issued by the Labor Department

Today the U.S. Department of Labor in the second Trump administration issued a proposed regulation regarding the classification status of independent contractors (ICs). As we noted three days ago in a blog post written in anticipation of the issuance of the proposed new rule, we expected it to be almost a carbon copy of the 2021 regulation issued by the first Trump administration, which was replaced by a 2024 regulation issued by the Biden administration — and it is precisely that, … Read the rest

Defense Contractor Prohibition on Greenhouse Gas Emissions Disclosures

Department of Defense contractors are not permitted to “disclose a greenhouse gas inventory or any other report on greenhouse gas emissions.”

As governments across the United States are beginning to regulate greenhouse gas emissions, looking at the back story and teasing out the broad impact of this prohibition is worth our time.

We blogged, Government Proposes Federal Contractors and Their Suppliers Disclose GHG Emissions describing the November 14, 2022, proposed Federal Supplier Climate Risks and Resilience Rule that proposed to … Read the rest

Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification

I have many clients that use staffing/temporary agencies for securing personnel.  The danger lurking in these relationships is that the two entities (staffing company and client) may be found to be a joint employer.  Another danger, an offshoot of the joint employer problem, is that if the staffing agencies classify, or rather, misclassify, those workers as “independent contractors” when they send them to the clients, there may well be liability for the client company.  The USDOL is now onto this … Read the rest