Authorities Wrestle with the Definition of “Employee”: An Interview with Steve Swirsky

Employment Law This Week

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Employment Law This Week (Episode 89: Week of October 2, 2017) has released bonus footage of its interview with Steve Swirsky, a Member of the Firm at Epstein Becker Green.

As Mr. Swirsky discusses, under the Obama administration, there were significant attempts to expand the definition of “employee” to workers who previously had been treated as independent contractors. The Wage and Hour Division issued an Administrator’s Interpretation establishing a presumption that almost anyone doing work for an employer was an “employee.” But the White House and Republicans in Congress are working to reverse this trend under the Fair Labor Standards Act and the NLRA. The DOL has withdrawn the Administrator’s Interpretation and Congress is considering several options on the issue.

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