The Everchanging Legal Definition of Independent Contractor

Presented by Fred Bissinger, Regional Managing Member & Howard B. Jackson, Member, Wimberly Lawson

On September 25, the U.S. Department of Labor, Wage and Hour Division issued a proposed rule yet again modifying the definition of Independent Contractor.  For employers who utilize the services of “independent contractors,” the relevant definition continues to change over time (and many times in conjunction with the political party who is in the White House), such that it is hard to evaluate and determine who is an independent contractor and who is an employee.  This session will analyze the DOL/WHD’s proposed changes, the current definition of independent contractor under other applicable laws (e.g., Title VII, OSHA, the TN Workers’ Compensation Law, etc.), and the related concept of Joint Employment.

• Learn what the new DOL/WHD proposed rule says about who is an independent contractor and how it is different from the current definition.
• Learn how the new DOL/WHD proposed rule compares to other applicable definitions of independent contractor, as defined by other employment law statutes.
• Learn about the related concept of joint employment and how that may factor into the overall analysis of who is and is not an employee.

Presented by:

Fred Bissinger is Regional Managing Member of the Nashville, Tennessee office of the firm, which he joined in 1999.  His law practice includes an emphasis in handling employment discrimination and wrongful discharge matters at both the administrative level and in Federal and State Court litigation.  His practice also includes an emphasis on ADA and FMLA compliance, as well as general liability matters.  He received his Bachelor of Science, cum laude, in Economics from Washington & Lee University and his law degree from the Seton Hall University School of Law.  Prior to entering private practice, Fred served in the United States Navy Judge Advocate General Corps from 1993-1997.  He is a member of the Tennessee Bar Association.  Fred also currently serves as the Legal & Legislative Chair for the Tennessee SHRM State Council.

HOWARD B. JACKSON is a Member of the Knoxville, Tennessee office of the firm, which he joined in 2001. His practice includes substantial experience with labor law, employment litigation, including both discrimination cases of all kinds and employee restrictive agreements, frequent training and counseling of employers on a wide variety of employment law issues, and commercial litigation. Howard graduated from Georgia Tech in 1983, with a B.S. in Industrial Management, from Duke University in 1987, with a Masters of Divinity, and from Georgia State University in 1994, with a Juris Doctor. He graduated summa cum laude from Georgia State University, where he was Lead Articles Editor of the Law Review and First Honor Graduate.