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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!
Kirkland & Ellis LLP has redefined what it means to be the biggest of BigLaw — weighing in at 2,116 attorneys by year end 2018 and becoming the first firm since Law360 began tracking law firm head counts to top 2,000 U.S.-based attorneys.