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Workers’ Rights

Worker Safety Compliance in a Remote Work World

Employee safety is a top priority for all employers. However, as the world continues to embrace remote work, employers must navigate employee safety in a new manner. Both state and federal agencies have adapted regulations to ensure remote workers are entitled to a safe working environment, which means expanded responsibility for employers. Employers now need to maintain safe work environments within the employee’s homes or face the consequences like workers’ compensation penalties and violations of the Occupational Safety and Health Act.

DOL Proposes Rule That Could Recategorize Many Employees into Independent Contractors

The U.S. Department of Labor (“DOL”) has recently proposed a rule change that would revise its interpretation of “independent contractor” under the Fair Labor Standard Act (“FLSA”). According to DOL, which has the power to investigate worker complaints about misclassifications, this change is needed to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy. However, this proposed rule could also diminish employee rights because independent contractors have fewer protections under FLSA. This rule widens the scope of who can be considered an independent contractor. Thus, many workers classified as employees could be reclassified as independent contractors and lose protections under FLSA.