Atlanta Partner Discusses New DOL Rule to Combat Worker Misclassification

In an interview with International Employment Lawyer, Marty Heller shares his insight on a new rule unveiled by the Department of Labor (DOL) this week that will consider workers who are "economically dependent" on a business to be company employees, which would entitle them to more benefits and legal protections under the Fair Labor Standards Act (FLSA). He explains that the new rule is consistent with what was expected to come and that "if it withstands judicial scrutiny, it could bring the FLSA analysis one step closer to the burdensome ABC test." Marty also noted that regardless of whether the rule is challenged, "employers can expect to see a very aggressive DOL wage and hour viewpoint from now moving forward."

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