Employee Classification - McDermott Will & Emery

Employee Classification


In a workforce composed of both independent contractors and employees (exempt and non-exempt alike), it is crucial for companies to ensure each person’s work status is classified appropriately under the Fair Labor Standards Act (FLSA) and relevant state laws, and to understand the financial and business consequences of misclassification. With our sector-specific experience and approach, we bring both a commercial and technical acumen to proactive strategic planning to avoid liabilities, and a SWAT team-like approach to litigation.

Our full-service approach includes assessing your exposure and conducting regular policy reviews for compliance with laws concerning classification, overtime, non-discretionary bonus regular rate recalculations, meal and rest periods, off-the-clock work, recordkeeping and payroll deductions, among other issues. If your current practices require change, we partner with you to assess the risks associated with those changes and develop a plan to reduce exposure, effectively roll out new policies, and deliver tailored trainings to educate and improve manager and employee compliance.

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