Foley & Lardner LLP Of Counsel Mark Neuberger is quoted in the Law360 article, “A New Approach to Employee Classification: Just Ignore It,” discussing efforts to simplify worker protection litigation in light of the proposed federal ban on noncompete agreements.
Neuberger explained that efforts to simplify worker protection litigation by making a worker’s status irrelevant are likely to cause complications in other ways.
"It may be great to think that we're going to protect more people by bringing them under the umbrella of this legislation, but it's not going to relieve the legal challenges of who's liable and who's responsible for whatever it is that allegedly went wrong," he said.
The distinction between an employee and an independent contractor still matters for determining liability, even if it's irrelevant for labor standards, Neuberger stated.
"It's not going to take the argument off the table of who's liable. It's just going to change it," he added.