Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Law360 Employment Authority, in “DOL Sets Schedule for OT, Independent Contractor Rules,” by Irene Spezzamonte. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Department of Labor said in its latest regulatory agenda that it plans to issue a new proposed rule on overtime and a final independent contractor rule in May, representing another delay in rulemaking.

As part of the federal government's fall 2022 regulatory agenda released Wednesday, the DOL said it will issue almost halfway through the year the proposed rule regulating overtime pay under the Fair Labor Standards Act and the final rule determining whether a worker is an employee or an independent contractor.

The DOL said that the final rule titled Employee or Independent Contractor Classification Under the FLSA, for which the comment period ended in December, is scheduled to be released in May.

The proposed rule would implement a multistep economic realities test to determine whether a worker is an employee or an independent contractor, and was already challenged in the courts. …

Additionally, the U.S. Department of Agriculture said in the agenda it plans to repropose in May a rule requiring federal contractors to certify their labor law compliance.

The reproposed rule would make several changes, including removing sections supplementing material that has been removed from the Federal Acquisition Regulation and reinstating correspondence between the Federal Acquisition Regulation and the Agriculture Acquisition Regulation, according to the agenda.

Epstein Becker Green's Paul DeCamp, who led the DOL's Wage and Hour Division under President George W. Bush, told Law360 on Thursday that the new agenda does not have any major surprises, but there is still a question as to whether the DOL will follow the new dates.

"The timing and sequence of these anticipated regulatory next steps may vary considerably depending on shifting regulatory and enforcement priorities, bandwidth issues at the department as well as the Office of Management and Budget, and judicial developments bearing at least indirectly on the validity of the forthcoming rules," DeCamp said.

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