Caroline J. Berdzik — chair of the firm’s Employment and Labor, Health Care, and Long-Term Care groups — spoke with McKnight’s Long-Term Care News about the latest ruling by the U.S. Department of Labor on worker classification standards.

The rule update attempts to clarify the distinctions between employees and independent contractors.

“This final rule is going to face legal challenges in Congress and in the courts,” said Caroline. “However, it … will not have any impact for long-term care employers in states like New Jersey and California and some others, which already have even more heightened standards.”

Caroline said that in light of the “heightened scrutiny of independent-contractor status and the stiff penalties, costs, damages and attorney’s fees involved with defending such claims” that “long-term care providers should err on the side of caution,” and when in doubt, “afford the worker the benefits of an employee.”

READ THE FULL ARTICLE HERE: “New worker classification rule could spark legal battle, experts warn,” McKnight’s Long-Term Care News, January 10, 2024

MORE ABOUT GOLDBERG SEGALLA’S CAROLINE J. BERDZIK:

Caroline J. Berdzik devotes her practice to helping businesses, organizations, and management navigate the panoply of employment law issues, from proactive counseling through alternative dispute resolution and trial. She represents companies in diverse industries such as health care, transportation, retail, construction, insurance, and finance, as well as non-profit organizations and educational and religious institutions.