Politico’s Morning Shift Newsletter quoted an article by Richard Reibstein, a Partner in Locke Lord’s Labor and Employment Practice in New York and co-head of the Firm’s Independent Contractor Misclassification and Compliance Practice, in its coverage of the U.S. Supreme Court declining to hear an independent contractor misclassification case.
In the case, a class of roughly 7,200 insurance agents contended they were misclassified as independent contractors by their employer and argued they should be considered benefits-eligible employees under the Employee Retirement Income Security Act (ERISA). Reibstein noted ERISA uses a “common law” test that’s “considerably more friendly to independent contractor status” than the test under the Fair Labor Standards Act.
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