Brooks Pierce Attorneys Tricia Goodson, Kemper Patton and Lauren Hoffman Discuss Proposed DOL Rule in Employee Benefit News
In an article for Employee Benefit News, Tricia Goodson, Kemper Patton, and Lauren Hoffman discuss the Department of Labor's newly proposed rule to clarify how businesses distinguish independent contractors from employees and how it is set to reshape the standard for independent contractor classification.
The DOL announced the proposed rule on Feb. 26, under the Fair Labor Standards Act, marking the third change to this framework since 2021. If finalized, the rule would roll back the Biden-era six-factor test and replace it with a narrower standard centered on control and the worker's opportunity for profit or loss.
The new proposal reinstates an "economic realities" test that prioritizes control and profit-or-loss opportunity while weighing secondary considerations such as required skill, the permanence of the relationship, and whether the work is integral to the business's operations.
Goodson, who has years of experience counseling clients on all aspects of the employer relationship, provides both innovative, broad-based guidance to her employer clients and discerning litigation services as well.
Hoffman is a dedicated attorney with experience in both commercial litigation and employment law. She has managed a wide range of legal matters, including contract disputes, policy drafting, and consent decree monitoring. She prides herself on guiding clients through the complexities of their legal issues, delivering practical solutions tailored to their needs.
Patton is a labor and employment attorney with extensive experience litigating disputes involving anti-discrimination laws, employment agreements, wage-and-hour issues, and unfair labor practices. He also represents businesses and individuals in disputes involving contracts, unfair and deceptive trade practices, and trade secrets across a wide range of industries, including hospitality, insurance, manufacturing, education, and the skilled trades. Patton advises clients on all aspects of employment and labor law, developing a deep understanding of their workplaces to proactively address legal issues, minimize risk, and avoid unnecessary litigation.
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