President Biden, in fulfilling a campaign promise to make government work for working people, is quickly undoing some key business-friendly labor decisions implemented in the final weeks of the Trump administration. These decisions include three wage and hour opinion letters issued by the Department of Labor. One of the withdrawn decisions set forth a rule championed by the business community which would have made it easier for employers to classify workers as independent contractors. The second withdrawn opinion would have permitted hospitality employers to allow non-tipped employees to participate in a tip-pooling arrangement. The third opinion that was abolished provided that requiring tractor-trailer truck drivers to comply with safety requirements was not a factor in determining their status as an employee or independent contractor.
We anticipate that President Biden’s overhaul of Trump-era, pro-business rules and regulations will continue throughout his administration. Stay tuned for further updates as the Biden administration pursues its employee-friendly agenda.
If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at www.brgslaw.com.
Richard S. Rosenberg
Katherine A. Hren
David J. Fishman
Ballard Rosenberg Golper & Savitt, LLP