Defending and Managing Against the Latest Misclassification Allegations: Innovative Strategies for Federal and State Claims Involving Mislabeling Nonexempt/Exempt Employees and Misclassifying Independent Contractors and Interns

September 27, 2016 9:35am

Christopher M. Trebilcock

Miller Canfield

Wayne O. Adams III

Ice Miller LLP

  • Exempt v. Non-Exempt and Independent Contractor Misclassifications: What’s the latest key case law on the federal and state level and what are the latest strategies in defeating claims that employers have misclassified workers as “exempt” employees or as independent contractors?
  • Spike in claims related to motor carrier act exemption in oil field industry / energy industry
  • The latest claims involving application of the “combination exemption” (combined administrator/executice)
  • Examining the implications of the DOL’s latest guidance expanding the scope of who should be classified as an employee vs. independent contractor
  • New categories of employees raising class claims based on independent contractor misclassification
  • The latest “gig economy” cases – are Uber/Lyft drivers independent contractors?
  • Increased independent contractor misclassification cases involving delivery drivers
  • Staying on top of recent changes and nuances in Federal DOL and state rules governing classification
  • State law technicalities, including wage statement violations, timing of pay requirements, deductions, and reimbursements
  • Litigating state law technicalities when operating a multi-state business
  • The latest case law on intern misclassification
    • How are the courts determining if a person is an employee vs. a volunteer/intern? How are they currently applying the “benefits test?”
    • Strategies for defeating claims that an employer misclassified a worker as a volunteer/intern?