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DOL Unveils Final Independent Contractor Rule

By Nicholas SanFilippo & Shirin Afsous on January 11, 2024
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On Jan. 9, 2024, the U.S. Department of Labor (DOL) released a long-awaited final rule concerning when employers can classify workers as independent contractors under federal law. This is the final version of the Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA), which DOL proposed in October 2022 (the “Final Rule”). It establishes a six-factor test for determining whether a worker is an employee or an independent contractor. The Final Rule was published in the Federal Register Jan. 10, 2024, and takes effect March 11, 2024.

Continue reading the full GT Alert.

Photo of Nicholas SanFilippo Nicholas SanFilippo

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related…

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related to termination, hiring, reduction in force, restrictive covenants, employment agreements, discipline, and handbooks.

Nick represents closely-held businesses facing crises related to ownership disputes or misconduct by board members, officers, or key employees. He develops strategies with the goal of maximizing returns and minimizing losses in situations related to unethical conduct, breach of contract, fraud, embezzlement, theft, or forgery.

Nick’s litigation experience also includes breach of contract, business torts, and commercial disputes in federal and state courts. He has deep experience representing clients in the government contracting, hospitality, financial services, and private equity industries.

In addition to serving as a litigator and employment counselor, Nick represents government contractors in bid protests at the agency level and before the GAO. He also advises government contractors on the FAR and relevant executive orders, including the Fair Pay and Safe Workplaces Executive Order.

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Photo of Shirin Afsous Shirin Afsous

Shirin Afsous is an experienced litigator in the field of commercial litigation. As a proactive professional, she is adept at client interaction and excels at crafting strategic case plans. Her areas of experience span across a vast array of sectors including financial services…

Shirin Afsous is an experienced litigator in the field of commercial litigation. As a proactive professional, she is adept at client interaction and excels at crafting strategic case plans. Her areas of experience span across a vast array of sectors including financial services litigation, labor & employment, government contracts, and commercial disputes. Her proficiency extends beyond the borders of her home state, as she skillfully handles cases across the nation in both state and federal courts. Moreover, she is a frequent participant in administrative proceedings, often providing invaluable assistance to clients embroiled in governmental investigations. As a first chair attorney, Shirin has taken the lead in numerous matters, showcasing her leadership and litigation skills. Her deep experience encompasses a wide range of legal proceedings, from drafting and research to preparing witnesses for trial. She is skilled at conducting depositions and arguing dispositive motions, proving her versatility in different aspects of litigation.

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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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