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
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