Our article, “Contingent Workforce: Implications of DOL’s Final Rule on Employers,” was published in the March 2024 issue of HR.com’s HR Legal & Compliance Excellence Magazine.

The article discusses the Final Rule on contingent worker classification under the Fair Labor Standards Act and how this designation affects a variety of industries.

We provide insight into the use of contingent workers in widespread industries and their important contribution to the workforce saying, “In addition to driving up costs to recruit a full-time employee, the inability to fill key roles leaves opportunities for contingent workers.”

We share that the evolution of the Independent Contractor Rule has brought about the six-factor economic realities test to determine independent contractor designations. They make sure to clarify that, “While the adoption of this Final Rule will be a sigh of relief as compared to an ABC test, businesses should be mindful that state laws will continue to apply with respect to state wage-and-hour laws.”

We establish a set of takeaways for readers including identification of businesses and markets that will be affected by the Final Rule, liability under FLSA for misclassifying workers and the benefits of proactive audits to avoid misclassification.

To view the full article, you may click here.

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Photo of Mary Leigh Pirtle Mary Leigh Pirtle

Mary Leigh Pirtle helps employers navigate complicated and evolving employment law issues. She counsels clients on a wide range of day-to-day employment matters, and regularly conducts onsite internal investigations into allegations of employee misconduct. With experience in both traditional labor and employment litigation…

Mary Leigh Pirtle helps employers navigate complicated and evolving employment law issues. She counsels clients on a wide range of day-to-day employment matters, and regularly conducts onsite internal investigations into allegations of employee misconduct. With experience in both traditional labor and employment litigation, Mary Leigh has represented employers against claims ranging from wage and hour violations to Equal Employment Opportunity Commission (EEOC) violations.

Photo of Hunter Yoches Hunter Yoches

Hunter Yoches represents management in all aspects of labor and employment law and related litigation.  He regularly defends employers against various claims and counsels clients on a wide range of day-to-day employment matters. Hunter has experience litigating cases and counseling clients regarding federal…

Hunter Yoches represents management in all aspects of labor and employment law and related litigation.  He regularly defends employers against various claims and counsels clients on a wide range of day-to-day employment matters. Hunter has experience litigating cases and counseling clients regarding federal and state employment laws, including collective and class action litigation, contract disputes, and compliance issues. He advises clients related to wage and hour laws (such as the Fair Labor Standards Act), discrimination laws (such as the Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Title VII of the Civil Rights Act, and others), unfair labor practices (such as the National Labor Relations Act), and more, helping employers remain compliant with the constantly changing laws and regulations that impact the workplace.