Employment/Labor Law (CLE)

Independent Contractor or Employee: The Dangers of Misclassification

2022-12-27T21:55:57-05:00

The U.S. Department of Labor (DOL) Wage and Hour Division and the National Labor Relations Board (NLRB) are continuously taking initiatives to improve each agency’s law enforcement, specifically against employee misclassification. Guided by their standards, the DOL and the NLRB aggressively enforces the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) respectively to expand the scope of classifying joint employers while narrowing the scope of categorizing independent contractors.

Independent Contractor Misclassification Litigation: Demystifying Tools and Tactics

2022-12-27T21:32:39-05:00

The flexible work arrangement has become a norm in the post-pandemic time, presenting hurdles among company decision-makers when it comes to employee classification. Misclassifying an employee as an independent contractor can pose legal risks to employers including liability claims related to employment taxes, interest, and penalties.

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