The distinction between an employee and an independent contractor has always been pivotal in labor law, given the significant implications it holds for taxation, benefits, and legal protections. The US Department of Labor’s (DOL) March 1, 2025, change on defining “independent contractor” introduces substantial modifications to the criteria previously used for enforcement purposes.

New Definition Effective March 1, 2025

The DOL's new rule introduces a more streamlined and focused test that emphasizes two core factors:

• Control: The new rule prioritizes the level of control the worker has over their work. A worker is more likely to be considered an independent contractor if they have substantial control over the performance of their tasks, including setting their own hours, selecting their projects, and having the ability to work for multiple clients.
• Economic opportunity for profit or loss: The focus here is on whether the worker can realize a profit or incur a loss based on their managerial skill, rather than being compensated solely on the basis of time spent working or piece rate.
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Government inspections and audits can happen without warning. Whether it’s the Occupational Safety and Health Administration (OSHA), the Department of Labor (DOL), Immigration and Customs Enforcement (ICE), or another agency, employers must be prepared to respond lawfully and strategically. 

President Biden's immigration action of June 18, 2024, is set to expand the workforce pool significantly. The Presidential action addresses labor shortages in critical industries by providing clearer pathways to citizenship and work authorization for undocumented immigrants. This change taps into a vast reservoir of skilled and unskilled labor and fosters a diverse, innovative workforce. Consequently, as more individuals gain legal status and employment opportunities, businesses can expect a robust influx of talent, driving economic growth and competitiveness.

The changes also allow for an increase of talent by Employers being able now access college-educated DACA recipients (i.
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President Biden's immigration action of June 18, 2024, is set to expand the workforce pool significantly. The Presidential action addresses labor shortages in critical industries by providing clearer pathways to citizenship and work authorization for undocumented immigrants. This change taps into a vast reservoir of skilled and unskilled labor and fosters a diverse, innovative workforce. Consequently, as more individuals gain legal status and employment opportunities, businesses can expect a robust influx of talent, driving economic growth and competitiveness.

The changes also allow for an increase of talent by Employers being able now access college-educated DACA recipients (i.
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Attorney Trinidad Galdean was recognized as a 2023 Super Lawyer in Employment & Labor Law.  Super Lawyer selects the top 5% of attorneys to the Super Lawyer list each year.

Significant changes are coming for Employers with the USCIS Form I-9 on employment eligibility verification. The USCIS Form I-9 serves as a vital tool for ensuring an employer’s workforce is legally authorized to work in the United States. By diligently completing and maintaining these forms for every employee, an Employer fulfills its legal obligation but also safeguards the business from potential legal penalties.

The following are the upcoming changes:

• July 31, 2023 – Employers will no longer be permitted to verify Form I-9 documents remotely. Employers who engaged in remote verification of Form I-9 documents will be required to inspect identity and employment eligibility documents again that were initially inspected remotely, which must be completed by August 30, 2023.

As of June 27, 2023, Employers are required to comply with the Pregnant Workers Fairness Act (PWFA).  The PWFA represents a significant step towards ensuring fair treatment and protection for pregnant employees in the workplace. The following outlines key issues that employers and employees should consider ensuring compliance with the PWFA.

Understanding the PWFA:

An Employer and Employees should familiarize themselves with the PWFA: Review the legislation in detail to grasp its scope, requirements, and potential implications for your organization. Seek legal advice from an experienced employment attorney if necessary to fully comprehend the provisions and their impact on your specific workplace.

A recent trend in employment law relates to assertions of workplace microaggression as workplace discrimination.  Workplace microaggressions are a form of discrimination that is often overlooked. While some forms of discrimination are overt and obvious, others are more subtle and insidious.

Microaggressions are subtle, often unconscious behaviors or comments that can be directed towards individuals in a marginalized group, such as people of color, women, LGBTQ+ individuals, and people with disabilities.

So, what exactly is discriminatory workplace microaggression? Essentially, it is a type of discrimination that involves subtle but harmful actions or comments that are directed towards a particular individual or group.
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Incorporating a business can be a daunting process, but it is an essential step for ensuring the success and protection of your business.

The first step in incorporating your business is to choose a name and check its availability. Choosing a name that accurately reflects your business and is not already in use by another company is important. You can conduct a search on your state's Secretary of State website to ensure that the name is available.

Once you have chosen a name, the next step is to file articles of incorporation with the Secretary of State in the state where your business will be located.
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