This morning, the DOL withdrew the agency’s 2015 and 2016 informal guidance on joint employment and independent contractors. The DOL announcement says: “Removal of the two administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act or Migrant and Seasonal Agricultural Worker Protection Act, as reflected in the Department’s long-standing regulations and case law. The Department will continue to fully and fairly enforce all laws within its jurisdiction including the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.”
Later commentary will provide more insight. But, at first glance, this appears to signal a move away from the Obama administration’s efforts to expand liability for related entities with respect to employee wage claims and re-classify contractors as employees.