Are you prepared for the new independent contractor crackdown initiated by the U.S. Department of Labor? Workers who are considered independent contractors represent more than 12% of the workforce. Government data indicates that more than 90% of such independent contractors prefer to be classified and treated as such. Despite the attractiveness of independent contractor relationships to both these workers and their employers, the Administrator of the U.S. Department of Labor (DOL) has issued an Administrator’s Interpretation announcing that the DOL considers “most workers” to be employees, alleging that “misclassification” of independent contractors is commonplace and reinterpreting the regulations that are applied to determine independent contractor status. Navigating the revised test and defending against investigations or litigation based on the principles of the DOL Administrators Interpretation presents a new and difficult challenge. This presentation will summarize the crucial and potentially far-reaching changes in emphasis and application of the independent contractor regulations and provide practical action points. About the Speakers
Peter R. Spanos is a partner in the Atlanta and Washington, D.C., offices of Barnes & Thornburg and a member of the firm’s Labor & Employment Law Department. Mr. Spanos represents and counsels management in employment litigation and traditional labor law, serving nationwide clients in a wide range of industries that include manufacturing, construction, health care, financial services, nonprofits, real estate, transportation and consulting, among others.
Jason A. Bernstein is a partner in the Atlanta office of Barnes & Thornburg LLP, where he is a member of the firm’s Intellectual Property Department and Co-Chair of the Data Security and Privacy Practice Group. Mr. Bernstein is a business advisor clients rely on to develop, manage and protect the value of their innovations and intellectual property (IP) assets. For more than 29 years, he has focused his practice on strategic enhancement and protection of clients’ innovations, brands and creations via patents, trademarks, and copyrights, as well as preparing and negotiating technology and business agreements.