(L-R) Margaret H. Allen is a partner in Sidley's Singapore and Dallas offices. Dr. Mustafa Abdul-Jabbar is an associate in Sidley's Dallas office. Courtesy photos Exactly Who Is an Employer or Employee? A Summary of the Changes to the Fair Labor Standards Act
The Biden DOL has not yet issued its own rules about who is—and is not—an employer and employee.
September 21, 2021 at 07:35 PM
6 minute read
Labor Law
Employers and employees might have whiplash. This year has ushered in a number of changes at the U.S. Department of Labor (DOL) that bear on compliance under the Fair Labor Standards Act (FLSA). These changes include the rescinding of the prior administration's Joint Employer Rule and the withdrawal of the Independent Contractor Rule. Together, these developments reflect the Biden administration's continued focus on broadening the scope and application of employment and labor protections to workers, and a tightening of regulations in the employment and labor context relating to FLSA compliance.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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