The Department of Labor (DOL) may issue new guidance or rulemaking to clarify the Trump administration's views on joint employer liability and employee versus independent contractor status, according to Bloomberg Law.
DOL Secretary Alexander Acosta withdrew the Obama administration's policies regarding these issues because he says they were new interpretations of the law that sidestepped notice-and-comment rulemaking.
The question now is if the Wage and Hour Division is going to offer new interpretations.
Businesses and workers are subject to a wide variety of legal standards on these matters because the old regulation has been withdrawn and new policies haven't been put in place.
DOL's Chief Attorney Kate O'Scannlain hasn't specified whether discussions have involved a new regulation or subregulatory guidance.
