Larry Perlman Comments on DOL Rule Impacting Worker Classification in Behavioral Health

11 November 2022 Behavioral Health Business News

Foley & Lardner LLP Partner Larry Perlman is quoted in the Behavioral Health Business article, “DOL Rule Could Complicate How Behavioral Health Providers Use Contractors,” discussing the U.S. Department of Labor’s (DOL) plans to undo classification rules that made it easier to classify workers as contractors.

Perlman explained the proposed rule doesn’t add anything new, instead it reestablishes a historic understanding of law and precedent. He also noted that the rule acts as a “canary in the coal mine,” as he said there is “some certainty that the DOL is going to be taking a closer look at issues of classification.”

Perlman emphasized that behavioral health companies must carefully classify clinicians, even if contractor status seems to fit. “In the digital health world, by definition, we have a remote workforce,” he added. “That means you have to be aware of what the rules are everywhere in addition to federal rules.”