Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

The classification of workers as either independent contractors or employees has once again become a focal point of federal labor policy, reflecting the broader ideological shifts that accompany changes in presidential administrations. With the transition to new leadership in the White House, the U.S. Department of Labor (“DOL”) has issued new guidance that redefines the criteria used to determine worker status. This latest interpretation marks a departure from the 2024 Democratic rule (the “2024 Rule”), instead embracing a model more consistent with prior Republican approaches. The change has significant ripple effects for employers and workers as it influences everything from wage protections to benefits eligibility and legal liability.

On May 1, 2025, the DOL’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin No. 2025-1(the “2025 Bulletin”), offering updated guidance on how to assess whether a worker qualifies as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”).

The 2025 Bulletin explicitly states that the WHD will no longer apply the analytical framework established by the 2024 Rule when evaluating worker classification under the FLSA. Instead, the WHD will rely on the standards set forth in Fact Sheet #13 (July 2008) and Opinion Letter FLSA2019-6 (referred to as the “2008 Guidance” and “2019 Guidance,” respectively). However, the 2025 Bulletin clarifies that the 2024 Rule remains applicable in the context of private litigation. Continue reading Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift

C.O.R.N. Newsletter: May 20-26

In this edition of the C.O.R.N. Newsletter:

  • May Chill Ahead – Aaron Wilson
  • Head Scab Risk Update – Stephanie Karhoff, Laura Lindsey, Pierce Paul
  • Scouting for Soybean Seedling Diseases in Ohio – Horacio Lopez-Nicora
  • Battle for the Belt: Season 3, Episode 8: Wet Weather and Nitrogen Loss – Maria Kessler, Taylor Dill, Diego Miranda, Laura Lindsey, Osler Ortez, Manbir Rakkar
  • Crop Progress Update and Replanting Decisions in Corn and Soybean – Osler Ortez, Laura Lindsey, Eric Richer 
  • Lep Monitoring Network – Black Cutworm and True Armyworm – Update #4 – Amy Raudenbush, Nic Baumer, Lee Beers, JD Bethel, Trevor Corboy, Mary Jo Hassen, Seth Kannberg, Alan Leininger, Clifton Martin, Garth McDorman, Jordan Penrose, Amanda Perkins, Beth Scheckelhoff, Mike Sunderman, Kyle Verhoff, Jacob Winters, Curtis Young, Andy Michel, Kelley Tilmon
  • Alfalfa Weevil Update – Kyle Verhoff, Aaron Wilson, Garth McDorman, Ryan Slaughter, Ryan McMichael, Ted Wiseman
  • Pastures for Profit will be offered in-person this June in Logan County – Emma Matcham, Jacob King

C.O.R.N. Newsletter is a summary of crop observations, related information, and appropriate recommendations for Ohio crop producers and industry. C.O.R.N. Newsletter is produced by the Ohio State University Extension Agronomy Team, state specialists at The Ohio State University and the Ohio Agricultural Research and Development Center (OARDC). C.O.R.N. Newsletter questions are directed to Extension and OARDC state specialists and associates at Ohio State.

Ohio Department of Agriculture (ODA) Expands Spotted Lanternfly Quarantine Area

Authors: Amy Stone and Ashley Kulhanek

The Ohio Department of Agriculture (ODA) is expanding the spotted lanternfly (SLF) quarantine to include counties in northeast and northwest Ohio to reduce the spread of the invasive insect. The media release that was distributed is included in its entirety.

The counties currently quarantined include:

  • Belmont
  • Carroll
  • Columbiana
  • Cuyahoga
  • Erie
  • Franklin
  • Hamilton
  • Jefferson
  • Lorain
  • Lucas
  • Mahoning
  • Muskingum
  • Ottawa
  • Portage
  • Seneca
  • Summit
  • Trumbull
  • Wood
    (*those in italics where recently added)

REYNOLDSBURG, Ohio (May 15, 2025) – The Ohio Department of Agriculture (ODA) is expanding the spotted lanternfly (SLF) quarantine to include counties in northeast and northwest Ohio to reduce the spread of the invasive insect.

The six new counties now under quarantine are: Wood, Seneca, Summit, Portage, Trumbull, and Carroll counties. A map of all counties under quarantine can be found here. Continue reading Ohio Department of Agriculture (ODA) Expands Spotted Lanternfly Quarantine Area

USDA to Open General and Continuous Conservation Reserve Program Enrollment for 2025

USDA’s Farm Service Agency (FSA) plans to reopen the Conservation Reserve Program (CRP), a popular conservation program that enables agricultural producers and private landowners to increase wildlife habitat and conserve natural resources. FSA is accepting offers for both the General and Continuous CRP today through June 6, 2025.

The program – which marks its 40th anniversary this year – helps producers and landowners generate income from unproductive or marginal cropland while re-establishing valuable land cover to improve water quality, prevent soil erosion, and support wildlife habitat. Acceptable offers from all CRP signups must be approved by September 30, 2025.