In this episode of Insights & Updates, Robert Boonin, from Dykema’s Labor & Employment Group, and James Brandell, a Government Policy Advisor in Dykema’s Washington, D.C., office, discuss the evolving legal standards for determining who are “independent contractors” versus “employees” in the eyes of the courts, the Department of Labor (DOL), and the National Labor Relations Board (NLRB). This is critical due to the Biden Administration’s apparent view being that many independent contractors are really misclassified employees, and such misclassifications expose employers to substantial liability.
Among the topics Rob and Jim touch upon are:
- Who is an independent contractor under today’s Standard, and how is the new administration primed to alter that standard?
- What changes to the standards are on deck at the NLRB and DOL?
- Will Congress step in?
- What actions should employers undertake now?