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Mining Law Monitor - Volume 22, Issue 1 - (Spring 2005)

Client Alert | less than 1 min read | 06.07.05

  • "Twentymile: The Latest Word on Liability for Independent Contractor Violations Under the Mine Safety and Health Act," Co-Authors: Tim Biddle, Ed Green and Dan Wolff.
    This article also appeared in Stone, Sand & Gravel Review, (July/August 2005)
  • "Focus on Explosives: Failures and Fees," Co-Authors: Ed Green and Mike Gill.
  • "The Resurgence of The U.S. Mining Industry in 2005 And How Our Legal System Can Help It Flourish," Author: Tim McCrum.
  • "MSHA's Dilemma," Co-Authors: Tim Means and Linda Lavache.
  • "An Uncertain Outlook For General Permitting Under The Clean Water Act NPDES Program," Co-Authors: Rich Schwartz, Ellen Steen, and Kirsten Nathanson.

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....

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