Morgan Lewis partner Susan Harthill was quoted in an article by Bloomberg Law after the US Department of Labor (DOL) published a final rule clarifying the standard for determining when a worker is an employee or an independent contractor.
According to the article, some believe there was merit in the rule being published even if it doesn’t take effect. “I would not expect it to survive,” said Susan. “I would tell employers to wait and see what the Biden administration does with this rule, but, certainly, I would not want to rely on it.”
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