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White House Authorizes Indemnification for Ebola Contracts

Client Alert | 1 min read | 11.17.14

On November 13, 2014, President Obama issued a Presidential Memorandum authorizing the U.S. Agency for International Development to indemnify contractors performing Ebola-response contracts in Africa "with respect to claims, losses, or damage arising out of or resulting from exposure, in the course of performance of the contracts, to Ebola." This Presidential action is the latest example of how contractors may obtain contract-based indemnification for certain activities (previously discussed here, here, here, here, and here), including activities that pose unusually hazardous risk, and serves as a reminder to contractors engaged in such activities to request that such indemnification clauses be included in their contracts when appropriate.

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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....