Recent DOL Developments for Independent Contractors and GIG Economy
The training session will discuss the current landscape of the GIG Economy and the recent changes to the Department of Labor’s test for independent contractor status under the Fair Labor Standards Act. We will also discuss and analyze the different independent contractor tests used by various government agencies and states and how this may impact an employer’s determination of a worker’s proper classification. This session will also discuss remote workers and whether the shift to more remote work environments has an impact on the employee v. independent contractor analysis.
Zoom link will be provided following registration
- Better understand the impact of the GIG Economy from an employment law perspective, and assess strategies for compliance with the resulting legal challenges.
- Review the DOL's proposed Independent Contractor rules and how those rules deviate from existing standards.
- Analyze the standard for determining whether a worker is an employee or a independent contractor.
Lucas Asper is an attorney in the Ogletree Deakins’ Greenville, South Carolina office. Mr. Asper represents management in all aspects of labor and employment law, including:
- federal and state litigation involving discrimination, harassment, retaliation, wrongful discharge, protective covenants, and breach of employment agreements
- preventive employment and labor law advice, including addressing matters under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), and the National Labor Relations Act (NLRA)
- employee relations
- drafting, reviewing, and advising on employment-related policies, procedures, agreements, handbooks, and manuals
- training on positive employee relations, union avoidance, and other aspects of labor and employment law
Lucas is a native of Omaha, Nebraska, and has lived in South Carolina since 1990. He graduated with honors from the University of South Carolina in 2004, where he majored in Sociology. In 2008, he graduated with honors from the University of South Carolina School of Law, where he served as Associate Editor-in-Chief of the South Carolina Law Review and was a member of the Order of Wig and Robe. Upon graduating from law school, Lucas was one of three students awarded the Compleat Lawyer Award by the University of South Carolina School of Law Alumni Association. Prior to law school, Lucas served as a project manager for a lumber supply company/building components manufacturer in Columbia, South Carolina, where Lucas managed numerous multi-family and single-family construction projects.
Mr. McDonald is a shareholder in the Greenville office and practices primarily in the area of employment litigation and advice and counseling. He was certified as a specialist in employment and labor law by the Supreme Court of South Carolina in 2006. Chuck represents a variety of employers in employment litigation matters ranging from breach of employment contracts to cases involving discrimination in areas of race, sex, age, and disability in both individual and class actions. He also counsels employers regarding wage and hour matters such as employee compensation, exempt/nonexempt status, overtime compensation, minimum wage payments, and off-the-clock work issues. He represents employers in individual and collective actions alleging violations of the Fair Labor Standard Act (FLSA) and applicable state wage payment statutes. Chuck also represents employers in noncompete matters, trade secrets, and counsels employers in reduction-in-force situations to ensure compliance with the Worker Adjustment and Retraining Notification Act (WARN). Chuck is the shareholder author of the firm’s OD Comply: Wage and Hour Issues and OD Comply: Employment Applications subscriptions. He advises employers on multi-state wage and hour compliance issues. Chuck is Co-Chair of the firm’s Wage and Hour Practice Group.
Chuck has practiced exclusively in the area of labor and employment law for the past 21 years. Prior to joining the firm, Chuck served as judicial law clerk to the Honorable C. Victor Pyle, Jr., Judge of the Thirteenth Judicial Circuit, Greenville, South Carolina. Chuck litigates all aspects of employment law cases in state and federal courts, drafts employment contracts, severance agreements, and noncompete agreements. He also drafts and reviews policy and procedure manuals, employee handbooks, contracts, and similar policies. Chuck also provides harassment training, performs human resource audits, and audits employers’ timekeeping and payroll practices for compliance with federal and state wage/hour laws.
Chuck is admitted to practice in the State of South Carolina (1995), the U.S. District Court for the District of South Carolina (1997), and the U.S. Court of Appeals for the Fourth Circuit (1999).
HR Certification Credit: GSHRM is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities. This program is pending for 1 hour of SHRM re-certification credit and 1 hour of HRCI General re-certification credit. Certificates will be emailed to those in attendance after the meeting along with a Feedback Survey.