About Us
As federal and state governments, unions, and the plaintiffs' bar continue to intensify their focus on companies that rely on independent contractors, the need for broadly experienced counsel is increasing. Sutherland has long been at the forefront of the worker classification issue; for example, the firm argued and won one of the appellate cases that established the standard for analyzing the classification of independent contractors for ERISA purposes, a test the Supreme Court later adopted in Nationwide Mutual Ins. v. Darden, 503 U.S. 318 (1992). In addition to its litigation practice, Sutherland lawyers publish, speak, and advise clients on worker classification issues for tax and regulatory compliance. Sutherland is recognized as an industry leader in helping companies properly classify their workforces, whether it is to analyze the risks and benefits associated with the use of independent contractors or to determine whether workers are exempt from overtime.
Sutherland's Worker Classification Solutions Team is a multi-disciplined, coordinated group of lawyers from our Litigation, Securities, Tax, and Labor and Employment practices. Team members perform a number of services in connection with ensuring the proper classification of workers. These include: education and training, worker status evaluation, documentation systems, 1099 Risk Assessment, classification compliance audits and litigation. We pride ourselves in finding creative ways to address difficult classification issues. For more information on Our Team or Our Services, please use the Contact Us section of this website.
Education and Training
Our Worker Classification Solutions Team provides on-going training and support to client managers and staff on the proper engagement of independent contractors and FLSA classification challenges.
Evaluation of Worker Status
Backed by a team of specialists, Sutherland assists clients in determining proper classifications of its workforce. We help our clients determine whether a worker is an independent contractor under the law or whether a worker is exempt from overtime requirements and other benefits.
File Documentation
Our Team assists clients in developing best practices with respect to tracking and documenting the engagement of independent contractors. The goal is simple: to assist our clients in building a file system that properly documents worker classification decisions, taking into consideration the client's unique business model and operations. These files become the core of a defense strategy if the client's worker classification is later challenged.
1099 Risk Assessment
If a client faces such a challenge, our Worker Classification Solutions Team can determine potential exposure arising from classification issues. This insight is an invaluable part of our clients' defense strategy.
Classification Compliance Audits
Regardless whether your company is facing a classification challenge, Sutherland can help you take a proactive step to prevent worker misclassification by reviewing policies, practices, and procedures to ensure compliance with the appropriate laws.
Litigation
Our litigation practice begins by listening to our clients, learning about their businesses and objectives, and developing a plan to resolve disputes. If a matter must be litigated, we are ready. We have tried and argued cases in federal and state courts all over the country and have substantial experience addressing worker classification matters before federal and state administrative agencies.
Liability Disclaimer: The information on this Web site does not constitute legal advice. The law is constantly changing, and we make no warranty of the accuracy of information on this site or any site to which we link.
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Contact Us
Please click here to contact our team.
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