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Attorneys React To DOL Misclassification Guidance

Law360, New York (July 15, 2015, 9:18 PM EDT) -- On Wednesday, the U.S. Department of Labor issued guidance on how to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act. The misclassification guidance says most workers qualify as “employees” under the FLSA's expansive definitions. Here, attorneys tell Law360 why the guidance is significant.

Richard Alfred, Seyfarth Shaw LLP

“The Administrator's Interpretation does not announce a new test for employee, as opposed to independent contractor, status. Rather, it grafts the multifactor 'economic realities' test that courts commonly use onto an extremely expansive reading of the FLSA’s 'suffer or permit to work' definition of...

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