Law360 Quotes Michael Katzen in "Attorneys React To DOL Misclassification Guidance" July 16, 2015

“One of the more striking aspects of the interpretation seems to be the way in which it systematically attacks arguments frequently made by employers when defending independent contractor classifications,” Michael S. Katzen, an attorney in Goldberg Segalla’s Employment and Labor Practice Group, told Law360. “For example, the interpretation indicates that a worker’s ability to work as much or as little as he/she chooses does not necessarily weigh in favor of independent contractor status.”

Mike was part of a group of attorneys who offered analysis on the U.S. Department of Labor’s just-issued guidance on how workers are classified — as either employees or independent contractors — under the Fair Labor Standards Act (FLSA). The guidance, which suggests most workers qualify as employees under the FLSA, could be problematic for employers defending independent contractor designation, Mike said. “The interpretation essentially reads like a preemptive strike against potential employer defenses to be used in future misclassification actions before the Department of Labor’s Wage and Hour Division.”   

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