Spencer Fane LLP Logo

Neuner Shares Insights on DOL Misclassification Guidance in Law360

Spencer Fane Partner Frank Neuner was quoted in Law360 this morning in an article covering the new guidance issued by the Department of Labor this week on how to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act. “The importance of the DOL’s guidance is less about what it says and more about what it signifies,” Neuner said in the article. “The economic realities test is not new. The DOL already had a fact sheet employing this standard. Rather, the DOL’s decision to issue this administrator’s interpretation — with its pronouncement that ‘most workers are employees under the FLSA‘ — serves as a stark reminder that misclassification is an enforcement priority for this agency. It also brings more attention to this issue within the workforce. If they haven’t already, employers should carefully review their independent contractor relationships.” Neuner has nearly two decades of experience in labor and employment law and regularly assists employers in handling a wide range of workplace matters, including worker classification issues and wage and hour cases. Neuner also frequently serves as a mediator of workplace disputes and other business controversies, including class and collective actions. His professional accomplishments have earned him numerous accolades throughout his career including being named one of The Best Lawyers in America for the past three consecutive years. To read the full Law360 article, visit the website here.