Independent Contractor Rule, EEO-1 Reporting, and New York Labor Law Amendment

This week, we're covering the U.S. Department of Labor's (DOL’s) decision to halt enforcement of the Biden-era independent contractor rule, the upcoming EEO-1 reporting season (starting on May 20), and New York State’s new labor law amendment, reducing damages for first-time frequency-of-pay violations.­

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DOL Halts Enforcement of Independent Contractor Rule

The DOL will no longer enforce the Biden-era independent contractor rule, which sought to tighten the criteria under which a hired worker can be considered an independent contractor for purposes of the Fair Labor Standards Act. The agency will now revert to the less stringent "economic realities" test. 

EEO-1 Reporting Begins Soon

The proposed 2024 EEO-1 Component 1 data collection season is scheduled to begin on May 20, with a deadline to file by June 24. As expected, Component 2 pay data collection will not be required this year or in the coming years.

New York Amends Labor Law to Limit Damages in Frequency-of-Pay Lawsuits

New York Governor Kathy Hochul signed into law a budget bill that includes an amendment to the New York Labor Law that dramatically limits the relief employees can seek for first-time violations of frequency-of-pay provisions.

Other Highlights

New York City Employers: It’s Time to Post Your Lactation Policy
Workforce Bulletin
Susan Gross Sholinsky, Gretel Zumwalt

Time Is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims
Wage and Hour Defense Blog
Christopher Coyne

Trump Administration's First 100 Days Show That Employers Must Stay Nimble
Law360 (subscription required)
Susan Gross Sholinsky

NY Gov. Amends Frequency Law’s Liquidated Damages Clock
Law360 (subscription required)
Jeffrey H. Ruzal quoted

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Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. 

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