June 26, 2017

June 26, 2017

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Scratch that: DOL Withdraws Joint Employer And Classification Guidance Letters

On Wednesday, June 7, 2017, the United States Department of Labor (DOL) announced the withdrawal of two Obama-era Administrator’s Interpretations regarding the standards for determining joint employment and classification of employees as independent contractors. 

The DOL has already removed the Administrator’s Interpretations from its website. We previously explained the respective Administrator’s Interpretations in these blog posts: Joint Employment and Misclassification

What does this mean for employers?

Despite the withdrawal of the Administrator’s Interpretations, the DOL strongly emphasized that employers must still abide by the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act. Although the broad view of the “employment relationship” presented in the Administrator’s Interpretations has disappeared, the case law and regulations that govern these two topics are alive and well. As such, employers should continue to carefully review the joint employment and independent contractor tests under existing laws when evaluating these relationships. 

Copyright © 2017 Godfrey & Kahn S.C.


About this Author

Katheryn A. Mills, Godfrey Kahn, Labor Litigation Lawyer, Employment Immigration Attorney

Katie Mills is an associate in the firm’s Milwaukee office and a member of the Labor, Employment & Immigration Practice Group.

While attending law school, Katie was an intern at Marquette University Office of the General Counsel and served as a summer law clerk for the Wisconsin Public Service Commission conducting legal research. She also was a research assistant for Dean Matthew Parlow, Marquette Law School Associate Dean for Academic Affairs and Professor of Law.

Also during law school, Katie was a Comment Editor...