Employee or Independent Contractor?: Analyzing New Department of Labor Guidelines (Litigators Lounge, Episode 5)
On this edition of Litigators Lounge, hosts Shylie Bannon and Jackie Voronov discuss the recently announced final rule by the U.S. Department of Labor on the classification of a worker as either an employee or independent contractor under the Fair Labor Standards Act. The conversation explores the impact of the rule, which rescinds a Trump Administration regulation that made it easier for employers to categorize workers as independent contractors. Jackie and Shylie elaborate on the six-factor test to determine whether a worker is an independent contractor or an employee, touching on aspects like control over work performance, opportunity for profit and loss, and the nature of the work relationship. They also express views on the rule’s implications and advise employers to consult legal counsel to ensure compliance.
You can find the final Department of Labor rule on employee or independent contractor classification under the Fair Labor Standards Act by following this link. This rule goes into effect on March 11, 2024. For further commentary on the rule change and its implications from Hall Booth Smith partners Jackie Voronov and Jeffrey Daitz, follow this link.
Litigators Lounge is underwritten and presented by Hall Booth Smith. The show is produced by John Ray and the North Fulton studio of Business RadioX®.
Topics in this Episode
About Litigators Lounge
Jackie Voronov and Shylie Bannon, attorneys at Hall Booth Smith who specialize in labor and employment law, are the hosts of the engaging podcast Litigators Lounge. Listen as they delve into the intricate world of workplace legal issues as they explore real-life examples, unpack legal scenarios, and offer expert insights to help organizations and employees navigate the ever-changing legal landscape. With engaging discussions, diverse viewpoints from expert guests, and an ample touch of humor, Litigators Lounge is the go-to source for in-depth analysis and expert advice on law and the workplace.
Litigators Lounge is underwritten and presented by Hall Booth Smith. The show is produced by John Ray and the North Fulton studio of Business RadioX®.
If you have questions or feedback for Jackie and Shylie, feel free to follow this link and email them.
Jackie Voronov, Partner, Hall Booth Smith
Jackie Voronov is a Partner in Hall Booth Smith’s office in Paramus, New Jersey, and she represents management in a wide variety of employment matters and litigates employment claims before administrative agencies and state and federal courts. Her clients include major hotels, retailers, shipping companies, assisted living facilities and nursing homes, manufacturers, and national fast-food franchisees.
Jackie’s litigation experience includes the defense of employers in single and multi-plaintiff actions on claims of wrongful discharge, sexual harassment, race, national origin, gender, disability and age discrimination, breach of contract, family medical leave, failure to accommodate, retaliation, wage/hour laws, and related tort claims. Jackie also works with her clients to prepare various employment agreements (including non-compete, confidentiality, independent contractor, and separation agreements). She has extensive experience before various administrative tribunals, including the Equal Employment Opportunity Commission (EEOC), the State Division of Human Rights (SDHR), the Division of Civil Rights (DCR), and other state, federal, and local agencies.
In addition, Jackie frequently conducts management training for employers on a wide variety of employment law topics, such as:
- EEO/anti-harassment
- employee recruiting and hiring practices
- family and medical leave
- reasonable accommodations for disabilities and religion
- preventing and investigating harassment, discrimination, and whistleblower claims
- wage and hour compliance
- discipline and termination of employees
- privacy in the workplace
Jackie is regularly invited to speak nationally on best practices and other employment-related issues. Before joining Hall Booth Smith, she worked for one of the country’s largest law firms, where she defended employers in a wide range of labor and employment matters, including wage and hour class actions under the Fair Labor Standards Act (FLSA), claims related to the New York State Human Rights Law (NSHRL), the New Jersey Law Against Discrimination (LAD), the Americans With Disabilities Act (ADA), the New Jersey Conscientious Employee Protection Act (CEPA), and Title VII.
Jackie was selected for inclusion as a New Jersey Rising Star by Super Lawyers® for six consecutive years (2010-2016), which honors the top 2.5% of young lawyers in New Jersey.
Shylie Bannon, Partner, Hall Booth Smith
Shylie Bannon is a Partner in Hall Booth Smith’s Jacksonville, Florida, office. She also serves as Hiring Partner for the region of Florida, where she oversees associate attorney hiring endeavors. Prior to joining Hall Booth Smith, Shylie was a partner in both a multi-state, multi-specialty firm and a boutique practice.
At Hall Booth Smith, Shylie continues to represent physicians, mid-level providers, and health care providers in high-exposure medical negligence claims and in administrative proceedings before the Florida Department of Health. She also represents national retailers in high-exposure premises liability, negligent security, and transportation litigation with our National Trial Counsel team.
In addition to litigating matters involving personal injury and negligence, Shylie also represents management in all aspects of employment-related litigation arising from allegations of sex, disability, race, and pregnancy discrimination; whistleblower actions; and alleged violations of the National Labor Relations Act and Fair Labor Standards. She does so in administrative proceedings before both the Florida Commission on Human Relations and the US Equal Employment Opportunity Commission, as well as in all of the state and federal courts in Florida. She also provides employment-related counsel to clients, helping them avoid employment-related litigation through the implementation of best employment, investigation, and risk management practices.
Shylie earned a Juris Doctor from the University of Florida Levin College of Law, cum laude, and graduated magna cum laude from Tulane University with a Bachelor of Arts in Political Science and History.
Shylie volunteers with the Guardian Ad Litem program and supports child welfare advocacy efforts in Northeast Florida. She is also a Member of the Board for the Jewish Federation & Foundation of Northeast Florida.
About Hall Booth Smith, P.C.
Established in 1989, Hall Booth Smith, P.C. (HBS) is a full-service law firm headquartered in Atlanta, Georgia, with regional offices strategically located throughout Georgia and the United States. Experienced across a wide range of legal disciplines, HBS prides itself on providing knowledgeable, proactive, client-specific counsel to individuals, domestic and international corporations, state and federal agencies, and nonprofit organizations.
HBS possesses the legal knowledge, skill, and experience to meet their clients’ needs wherever they do business. HBS maintains the highest commitment to ethically and professionally serve their clients by providing the highest quality legal representation.
They deliver quality legal services in a variety of service areas. Experience across legal disciplines combined with a focus on the unique business or personal requirements of the client is the hallmark of the firm. Their clients receive the attention, expertise, and cost-effectiveness of a smaller law firm with the full-service and strong regional presence typical of a larger one.
Disclaimer
Litigators Lounge is a production brought to you by Hall Booth Smith, PC. This podcast is published for the purposes of providing general information and education on topics which include those related to the law and legal issues, but the contents of the podcast do not constitute legal advice. Listening to this podcast or utilizing the information contained in it in any way does not constitute nor does it create an attorney-client relationship between you and Hall Booth Smith or its lawyers. The contents of this podcast should not be used as a substitute for competent legal advice from a professional attorney licensed in your jurisdiction.
