Independent Contractor Classification: Navigating the New DOL Rule and Latest NLRB Standard
DOL Economic Realities Test; NLRB Common Law Multi-Factor Analysis; State Law Considerations; Costly Penalties for Noncompliance
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide practitioners through the maze of guidelines and factors related to classifying workers as independent contractors that have resulted from the DOL's new rule and the NLRB's standard reestablished in the recent Atlanta Opera decision. The panel will address the analyses that should be conducted by employers as required by each agency, as well as state law considerations, to mitigate risk and costly penalties that could result from misclassification.
Outline
- Introduction
- New DOL rule and economic realities test
- NLRB's reestablished common law multi-factor analysis
- Notable state law considerations
- Penalties for noncompliance
- Best practices to mitigate risk
Benefits
The panel will review these and other important considerations:
- In what ways are the DOL's and NLRB's independent contractor analyses similar?
- How do the analyses differ and thereby complicate the classification process?
- What are notable state law considerations, and how do these interact with federal guidelines?
- What are potential risks for independent contractor misclassification?
- What are best practices for counsel when advising employers on making independent contractor determinations?
Faculty
Samantha Sherwood Bononno
Partner
Fisher & Phillips
Ms. Bononno’s practice is comprised of three major areas: employment litigation, traditional labor, and daily... | Read More
Ms. Bononno’s practice is comprised of three major areas: employment litigation, traditional labor, and daily advice and counseling. She actively counsels clients on a myriad of topics, including day-to-day HR employee relations issues, disability accommodations, employee leave, labor relations, layoffs, investigations, job classifications, pay practices, employment and non-compete agreements, staffing contracts and severance agreements. Ms. Bononno focuses her litigation practice on representing employers in a wide range of disputes including discrimination, harassment, retaliation, wage/hour and class and collective actions, and FMLA claims. She is also experienced in traditional labor matters, representing employers in negotiating collective bargaining agreements, advising on contract administration, including issues specific to federal contractors and the Service Contract Act, and handling unfair labor practice charges and arbitrations. She has handled numerous hearings before the NLRB through appeal and oral argument with the applicable circuit court.
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Kathleen McLeod Caminiti
Partner, Co-Chair Pay Equity and Wage and Hour Practice Groups
Fisher & Phillips
Ms. Caminiti has extensive experience handling all aspects of employment litigation, including individual plaintiff... | Read More
Ms. Caminiti has extensive experience handling all aspects of employment litigation, including individual plaintiff discrimination claims, restrictive covenant litigation and wage and hour class and collective actions. She dedicates her time to analyzing the legal issues surrounding pay equality, conducting pay equity audits and defending equal pay litigation. Ms. Caminiti also has a sophisticated wage and hour practice and has distinguished herself in FLSA/wage and hour litigation. As lead counsel, she has obtained favorable outcomes for clients in various wage and hour matters, including class and collective actions arising under the FLSA and various state laws.
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