September 24, 2020

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September 24, 2020

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September 22, 2020

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Oklahoma Partners With U.S. DOL to Investigate Worker Misclassification

On September 13, 2016, Oklahoma became the 35thstate to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor misclassification.  Oklahoma represents just the latest in a flurry of new participants in the U.S. DOL’s Misclassification Initiative, which was launched in 2010 under the auspices of Vice President Biden’s Middle Class Task Force.  Pennsylvania, Nebraska, and North Carolina have all entered into such partnerships since August 1st.  David Weil, U.S. Department of Labor Wage and Hour Division Administrator, in a recent press release, praised the collaborations as a “combination of a robust education and outreach, and nationwide, data-driven strategic enforcement across industries.”

As described in our August 22, 2016 and September 7, 2016 posts, the coordinated effort between enforcement agencies raises the stakes for companies that utilize independent contractors.  Companies investigated by any one of the 35 participating state Departments of Labor can now expect those findings to be shared with the U.S. DOL, thereby increasing the likelihood of simultaneous, multi-agency investigations.

© 2020 Proskauer Rose LLP. National Law Review, Volume VI, Number 264


About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

Carolyn M Dellatore, Labor Employment Attorney, Proskauer Rose law firm

Carolyn M. Dellatore is an Associate in the Labor & Employment Law Department and a member of the Employment Law Counseling & Training Group, resident in the Newark office. Her practice focuses on the representation and counseling of employers in all areas of employment and labor relations.