Todd Lebowitz Comments on Study of Federal Rulings in Employee Misclassification Cases

News / June 25, 2018

Partner Todd Lebowitz is quoted in an article published June 21, 2018, in Bloomberg BNA’s “Daily Labor Report.” The article, “Study Could Help Predict Worker-Status Rulings,” reports on an ongoing study of 12,000 federal district court decisions regarding employee misclassification. The study is aimed at providing guidance about the likelihood that a judge will rule that a worker is an employee rather than an independent contractor, a hot litigation issue in the current gig economy.

Lebowitz, who represents employers, told the publication that he is skeptical of the value of the study, explaining:

“There are different rules that apply to different laws in different states in different circumstances. When a misclassification claim arises, we just have to look at the proper rule, which tells us the factors to consider. Then we look at the facts and apply the rule and the factors. We don't have to examine 12,000 cases to try to reverse engineer the rules and the factors. Just look them up.”

Read the article (registration required).