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.
To read the full newsletter, click here. To read the original post on Locke Lord’s InsureReinsure Blog, click here.
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