Existing Laws Can Likely Solve Contractor Misclassification

December 16, 2019

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, authored an analysis examining the “five degrees of independent contractor misclassification.” In his commentary, Reibstein notes that the phrase “independent contractor misclassification” is best understood in the context of a spectrum, defining each of the five degrees of independent contractor misclassification: unpardonable, uninformed, unprepared, unintentional and unjust.

Reibstein analyzes the recent California legislative solution, Assembly Bill 5 (A.B 5) and notes that other states are seeking to emulate the California legislative initiative. He and other commentators conclude that that new law is opaque, ambiguous, and riddled with exemptions. Reibstein proposes a solution of increased enforcement of existing laws, in lieu of new legislation like A.B. 5 that essentially outlaws independent contractor relationships that are lawful and legitimate under federal and almost all other state laws.

To read the full article, click here. A similar version of the article was published in Locke Lord’s Independent Contractor Misclassification and Compliance Legal Blog.