On Jan. 9, 2024, the U.S. Department of Labor (DOL) released a long-awaited final rule concerning when employers can classify workers as independent contractors under federal law. This is the final version of the Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA), which DOL proposed in October 2022 (the “Final Rule”). It establishes a six-factor test for determining whether a worker is an employee or an independent contractor. The Final Rule was published in the Federal Register Jan. 10, 2024, and takes effect March 11, 2024.

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Photo of James N. Boudreau James N. Boudreau

James N. Boudreau is Co-Chair of the Global Labor & Employment Practice and the Labor & Employment Practice’s Collective & Systemic Employment Litigation group. He represents management in class action and complex employment litigation and devotes the majority of his practice to managing…

James N. Boudreau is Co-Chair of the Global Labor & Employment Practice and the Labor & Employment Practice’s Collective & Systemic Employment Litigation group. He represents management in class action and complex employment litigation and devotes the majority of his practice to managing teams of attorneys and paralegals in nationwide class and collective actions from receipt of the complaint through discovery, class certification and trial. He is considered a thought leader in class-based employment litigation and has been listed by Human Resource Executive magazine as one of “The Nation’s Most Powerful Employment Lawyers – Top 100,” each year since 2013.  He was also selected as one of five Law360 “MVP – Labor and Employment,” for 2012, for his cutting-edge work representing employers in class and collective actions.

Photo of Nicholas SanFilippo Nicholas SanFilippo

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related…

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related to termination, hiring, reduction in force, restrictive covenants, employment agreements, discipline, and handbooks.

Nick represents closely-held businesses facing crises related to ownership disputes or misconduct by board members, officers, or key employees. He develops strategies with the goal of maximizing returns and minimizing losses in situations related to unethical conduct, breach of contract, fraud, embezzlement, theft, or forgery.

Nick’s litigation experience also includes breach of contract, business torts, and commercial disputes in federal and state courts. He has deep experience representing clients in the government contracting, hospitality, financial services, and private equity industries.

In addition to serving as a litigator and employment counselor, Nick represents government contractors in bid protests at the agency level and before the GAO. He also advises government contractors on the FAR and relevant executive orders, including the Fair Pay and Safe Workplaces Executive Order.

Photo of Shirin Afsous Shirin Afsous

Shirin Afsous is a member of the Litigation Practice in Greenberg Traurig’s Northern Virginia office. She has significant experience interacting with clients and developing case strategy. She is a litigation attorney focusing her practice on complex commercial litigation, including financial services litigation and…

Shirin Afsous is a member of the Litigation Practice in Greenberg Traurig’s Northern Virginia office. She has significant experience interacting with clients and developing case strategy. She is a litigation attorney focusing her practice on complex commercial litigation, including financial services litigation and commercial contract disputes across the country in state and federal courts. She also appears regularly in administrative proceedings, including assisting clients involved in governmental investigations. Shirin has handled trials as first chair attorney, and has wide-ranging experience drafting, researching, preparing witnesses for trial, conducting depositions, and arguing dispositive motions.