Mark Neuberger Discusses Nuances of Employment Classification Tests

Foley & Lardner LLP of counsel Mark Neuberger is quoted in the Law360 article, “Classification Tests Don’t Grasp Freelance, Gig Work Nuances,” offering insight on the persistent challenges of delimiting employee classification tests.

Neuberger said that over the past several years, there has been a concerted effort to get more people classified as employees — whether for tax revenue or a push to expand employee protections to more workers.

“The countervailing is the people who like to do this stuff, the so-called freelancers, who like the freedom and independence, that doing things on your own your own way, and having flexibility and not being told when to come to work and how to do things, provides them something they like,” he explained. “There’s tension in the system.”

Neuberger noted that while there is a great need for independent contractors, there are many shades. “Somebody comes to clean my house once every other week, but then somebody lives in and acts as a house cleaner, housekeeper, nanny,” he added. “Now, looks and smells more like an employee.”

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