Michael Thompson Quoted in “Attorneys React to DOL Misclassification Guidance”

Law360

Michael D. Thompson, a Member of the Firm in the Labor and Employment practice, in the firm’s Newark office, was quoted by Law360, in “Attorneys React to DOL Misclassification Guidance,” the publication’s roundup of how employers can identify workers wrongly classified as independent contractors. (Read the full version – subscription required).

Following is an excerpt:

“The FLSA is often criticized as outdated, Depression-era legislation. The DOL is trying to define how the statute should be applied to the modern workplace with regard to issues such as flexible work arrangements and relationships of finite duration, among others. From the DOL’s perspective, contractors have independently established businesses with several sources of income that can bargain with companies as equals. The more a relationship looks like that, the more likely it is that the DOL will find an independent contractor relationship.”