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Mining Law Monitor - Volume 21, Issue 1 - (Spring 2004)

Client Alert | less than 1 min read | 04.28.04

  • "U.S. Supreme Court Rules in Bedroc v. United States: Ownership of Western Desert Sand and Gravel Shifts to Private Sector," Author: Tim McCrum.
  • "Subsidence in SMCRA § 522(e) Areas," Co-Authors: Tim Means and Michael Klise.
  • "Managing the High Risk of Regulatory Noncompliance," Author: Dick Bednar.
  • "Regulation of the Mining Industry — The Past is Prologue," Author: Ed Green.

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....