Salt Lake City Labor & Employment partner, Matt Durham, recently talked to Law360 about the Department of Labor’s (DOL) independent contractor rule - and more about how the Fifth Circuit is mulling critics’ requests to put it by review by a Texas federal judge (who previously threw out the agency’s last rulemaking).
Matt told reporter Jon Steingart the situation will be difficult for the Fifth Circuit to untangle.
“The new rule has some changes but, of course, substantively it’s quite similar,” said Matt. “It’s kind of a really unusual procedural question.”
Read about the Fifth Circuit request for review of the DOL independent contractor rule and more on what Matt had to say in Law360’s Employment Authority section. (A subscription is required)
Also, following the revival of the Fifth Circuit case, a group of freelancers filed a suit against the DOL on January 16 in the U.S. District Court of the Northern District of Georgia. Matt talked to Ryan Golden from HR Dive about how this lawsuit comes as a surprise, considering the independent contractor rule is meant to protect freelancers.
Matt also added that he expected litigation against the rule by business groups but the Georgia lawsuit, “was brought by individuals who are saying ‘no thanks’ to the protection being offered by the [DOL].”
Read the full article on HR Dive.