Business function

Operations

Managing contractors, staffing agencies, franchise relationships and scheduling.

Government changes AmendSignal has published that are classified under operations. Coverage is limited, so a change missing here does not mean nothing changed.

2 records

  • Comments due

    Proposed rule · United States · WHD · Proposed · Proposed, nothing required yet

    Wage and Hour Division proposes to bring back the 2021 independent contractor test for federal wage, family leave and farmworker laws

    What changed
    The Department of Labor's Wage and Hour Division (WHD) proposes to replace the 2024 employee or independent contractor test in 29 Code of Federal Regulations (CFR) part 795 with the 2021 test, with a few changes. Under that test, control over the work and the worker's opportunity for profit or loss are core factors that usually carry the most weight. The same test would also apply under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
    Who's affected
    Any business that engages independent contractors or decides how to classify workers under the Fair Labor Standards Act (FLSA), FMLA or MSPA. This includes agricultural employers, agricultural associations and farm labor contractors.
    What to do
    This proposal creates no new duties for employers, and nothing changes until a final rule is issued. You can comment by April 28, 2026. For now, WHD says it enforces under Field Assistance Bulletin No. 2025-1, and the 2024 rule remains in effect for private lawsuits.

  • Effective

    Final rule · United States · NLRB · In effect · No new requirements

    National Labor Relations Board restores the 2020 joint employer rule after a court vacated the 2023 standard

    What changed
    The National Labor Relations Board (NLRB) put its 2020 joint employer rule back into the regulations. The 2023 rule that replaced it was struck down by a court before it ever took effect, so the standard employers were actually subject to does not change.
    Who's affected
    Private employers whose work is done by another company's employees, through staffing agencies, contractors or franchising, and the companies that employ those workers.
    What to do
    Nothing is required. If you rely on another company's workers, it is worth reviewing where you set or control their wages, hours, hiring, discipline or supervision.