On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor economic realities test. While the test factors remain the same (for the most part), the DOL’s NPRM advances interpretations of the various factors that support employment status at every turn.
The DOL Has Issued New Proposed Independent Contractor Classification Rules. What Now?
Posted In Employment, Labor
Chris BrahamChristopher A. Braham focuses his practice on employment litigation and counseling. Christopher represents employers in all stages of employment litigation, including in putative class action, single and multi-plaintiff lawsuits concerning claims for meal and rest period violations, failure to pay wages and bonuses, off-the-clock work, misclassification, discrimination, retaliation, wrongful termination and misappropriation of trade secrets. Christopher advocates for clients in state and federal courts and administrative agencies, including in proceedings before the Department of Fair Employment and Housing, the Division of Labor Enforcement Standards and the Equal Employment Opportunity Commission. Read Christopher Braham's full bio.
Joseph K. MulherinJoseph K. Mulherin focuses his practice on employment class action litigation, with a focus on defending employers against wage-and-hour and employment discrimination lawsuits. Joseph has successfully defended clients from a wide variety of industries, including health services, banking, finance, retail, manufacturing, hospitality, staffing, technology, logistics and construction. Read Joseph K. Mulherin's full bio.
David FullerDavid Fuller focuses his practice on matters involving employee fringe benefits, independent contractor/employee classification, payroll taxes, information reporting, corporate aircraft, supplemental unemployment compensation benefits (SUB pay), and the contingent workforce (outsourcing, PEOs, and employee leasing). His unique practice includes tax litigation on a wide range of significant FICA and tax refund matters. Read David Fuller's full bio.
Jennifer HillJennifer D. Hill focuses her practice on employee benefits and executive compensation matters. Jennifer routinely reviews qualified retirement plans, executive compensation and employment agreements and equity compensation to ensure conformity with Section 409A, ERISA and COBRA. Read Jennifer D. Hill's full bio.
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