U.S. Department of Labor Finalizes Independent Contractor Regulation

Alexander T. MacDonald
Alexander T. MacDonald
Littler Mendelson, P.C

Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation.

Michael J. Lotito
Michael J. Lotito
Littler Mendelson, P.C

Michael J. Lotito is a shareholder and member of the Board of Directors of Littler Mendelson, the world’s largest Management side labor and employment firm.

On-Demand: February 12, 2024

$95.00 1 hour CLE

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Program Summary

The presentation will focus on the Department’s new regulation defining “independent contractor” under the Fair Labor Standards Act. It will also delve into the Department’s prior interpretations, including a rule adopted in 2021, and how the new regulation differs from those standards. It will discuss the regulation’s multi-factor analysis and highlight key issues for attorneys to be aware of. It will then conclude with practical advice and best practices for helping clients navigate classification issues under the new rule.

Key topics to be discussed:

  • New Regulation on "Independent Contractor" Definition
  • Comparison with Prior Interpretations and 2021 Rule
  • Multi-Factor Analysis in the New Regulation
  • Practical Advice and Best Practices for Attorneys

Date / Time: February 12, 2024

Closed-captioning available

Speakers

Alexander T. MacDonald_myLawCLEAlexander T. MacDonald | Littler Mendelson, P.C

Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. He is a recognized voice for the management perspective.

Alexander is a core member of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.

Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeal.

Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.

He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class.

 

Michael J. Lotito_myLawCLEMichael J. Lotito | Littler Mendelson, P.C

Michael J. Lotito is a shareholder and member of the Board of Directors of Littler Mendelson, the world’s largest Management side labor and employment firm. He is Co-Chair of the firm’s Workplace Policy Institute (WPI) where he strategically advises organizations on the intersection of public policy, communications and the law. In short, he devises holistic business solutions for the firms’ clients, including organizations, trade associations and other policy influencers.

In his WPI role, Michael advocates on behalf of the employer community on a variety of issues, regularly files amicus briefs on vital workplace policy concerns and has led the management community in opposition to the federal persuader rule, which would have destroyed confidentiality between lawyers and their clients. WPI is active in the United States and elsewhere throughout the world.

Michael is policy and labor counsel to many trade associations, a trusted advisor to both international and domestic businesses, and serves on boards and committees for a variety of organizations. He has been inducted into the Human Resource Executive Magazine Hall of Fame of the Nation’s Most Powerful Employment Attorneys and is a member of the College of Labor and Employment Lawyers. The Villanova University Graduate School of Human Resources named him HR Alumnus of the 20th Century.

Michael maintains a significant social media presence and can be followed on LinkedIn and Twitter (@WPI_Lotito). He is frequently quoted by the media, including The Wall Street Journal, The New York Times, Law360, Politico, Bloomberg, Forbes, Reuters, CNBC, Fox Business Network and The Hill, among others.

Michael founded the Emma Coalition, named after his granddaughter, dedicated to remaking the American workforce to help ensure the 21st is the next American century.

Michael’s full bio can be found on https://www.littler.com/people/michael-j-lotito

Agenda

I. New Regulation on “Independent Contractor” Definition | 1:00pm – 1:15pm

II. Comparison with Prior Interpretations and 2021 Rule | 1:15pm – 1:30pm

III. Multi-Factor Analysis in the New Regulation | 1:30pm – 1:45pm

IV. Practical Advice and Best Practices for Attorneys | 1:45pm – 2:00pm