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Bah Humbug: Appropriations Bill Contains Lump of Coal for DoL on "Fair Pay" Funding

Client Alert | less than 1 min read | 12.21.15

The FY 2016 Omnibus Appropriations bill, passed on December 18, 2015, did not appropriate funds to establish an Office of Labor Compliance within DoL to implement the "Fair Pay and Safe Workplaces" Executive Order, as requested by the Obama Administration. By declining to appropriate the requested funds, Congress pumped the brakes on the implementation of the EO, which, as described here, would impose burdensome compliance and reporting obligations on federal contractors and subcontractors.

Insights

Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....