New DOL Guidance on Independent Contractors: Multi-Factor Test for Determining Worker Classification
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss the Department of Labor’s new guidance regarding independent contractor classification, following the 2017 withdrawal of the DOL’s 2015 Administrative Interpretation on independent contractors. Our panelists will discuss the most recent guidance and provide valuable insight in its application given the limited direction provided by the DOL.
- Overview of the new DOL Field Assistance Bulletin (FAB) guidance regarding independent contractor classification
- Analysis of the DOL’s application of the “totality of the circumstances” test
- Discussion of unanswered questions in light of this new DOL guidance
- Best practices for employment counsel handling classification issues
The panel will review these and other relevant topics:
- What new guidance has the DOL provided concerning classifying independent contractors?
- What factors will the DOL take into account when determining the “totality of the circumstances?”
- How does this guidance affect employers when making classification decisions?
- What questions remain unanswered, and what are the best practices for employment counsel going forward?
Anne Cherry Barnett
Ms. Barnett focuses her practice on employment matters and she has represented clients of all sizes, including... | Read More
Ms. Barnett focuses her practice on employment matters and she has represented clients of all sizes, including start-ups and large Fortune 50 companies. Ms. Barnett prides herself on providing sound and cutting edge legal strategies that consistently focus on the client’s bottom line as they navigate the complex labyrinth of California and federal employment regulations. She has represented employers in single plaintiff and class actions and also regularly counsels employers regarding compliance with wage and hour laws, exempt and non-exempt classification, independent contractor status, founder disputes, workforce reductions, discrimination claims, workplace investigations, employment policies, and risk management regarding potential litigation.Close
John E. Duke
Constangy Brooks Smith & Prophete
Mr. Duke advises and represents regional, national and international employers across the spectrum of industries in the... | Read More
Mr. Duke advises and represents regional, national and international employers across the spectrum of industries in the full panoply of labor and employment matters. In addition to advising employers on such union-related concerns as organizing campaigns, collective bargaining, and strikes, he also defends employers in representation and unfair labor practice cases before the NLRB, handles labor issues in the federal courts, and has tried dozens of labor arbitrations. Mr. Duke also represents employers before federal and state trial and appellate courts in single plaintiff, complex class/collective action employment litigation, and noncompete and trade secret litigation.Close
Chad Edward McDaniel
Constangy Brooks Smith & Prophete
Mr. McDaniel advises employers with respect to the full range of employment issues, including discrimination claims,... | Read More
Mr. McDaniel advises employers with respect to the full range of employment issues, including discrimination claims, compliance with federal and state employment laws, various specialized employment agreements, and wage and hour disputes. He works intimately with employers and helps to implement preventative strategies that preclude small problems from growing into large problems. Through appropriate training and compliance, Mr. McDaniel aims to ensure his client’s business objectives are surpassed.Close