Yesterday the U.S. Department of Labor’s Wage and Hour Division (WHD) announced the withdrawal of an opinion letter which can impact CLDA members.
- FLSA2021-9, addressing whether requiring tractor-trailer truck drivers to implement safety measures required by law constitutes control by the motor carrier for purposes of their status as employees or independent contractors under the FLSA, and whether certain owner-operators are properly classified as independent contractors.
Given that FLSA2021-9 offered protections for motor carriers in their utilization of Independent Contractors, its withdrawal means that you no longer have those protections for any DOL actions or audits. As such, please seek legal counsel if you intend to still pursue the now removed protective opinion practices. Learn more.