Posts tagged Paul DeCamp
Businesses Cry Foul on DOL Messaging for Trump Gig Worker Rule
May 8, 2023 // “My discussions with DOL investigators and the solicitor’s office out of Atlanta was exactly the same before the Trump regulations and after the Trump regulations,” McCutchen said. In her interactions with the agency, WHD investigators mentioned and recognized the agency was bound by the Trump rule, but didn’t follow the structure of the Trump test when analyzing whether one of her clients was a contractor or an employee, she said. “They didn’t say, ‘Let’s look at the two core factors,’” she explained, “or, ‘Now we’re going to look at the three additional factors,’ which is the structure of the Trump regulations. They didn’t do that.” The Trump rule has been in place for over two years, and given how it diverged from the Obama-era approach to worker classification, the department should be reaching out to field officers and offering training and guidance, said Michael Lotito, co-chair of Littler Mendelson PC’s Workplace Policy Institute. Simply acknowledging the rule isn’t enough, he added.