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Attorneys React to DOL Misclassification Guidance, Law360

July 16, 2015
Michelle W. Johnson

In an article published July 15, 2015 by Law360, Atlanta partner Michelle Johnson provides perspective on the U.S. Department of Labor’s recent guidance on determining whether a worker is an independent contractor or employee under the Fair Labor Standards Act. “The interpretation does not break new ground with respect to the 'economic realities' test, which has been in effect for many years,” Johnson told Law360. “One significant question, however, is whether this test will be applied to workers other than traditional 'independent contractors' — such as workers who are designated as owners, partners or members of a limited liability company. In a footnote, the administrator indicates that these titles will not immunize an employer from liability if the economic realities indicate an employment relationship.” Subscribers may access the article here.