The DOL's 2026 proposed rules on independent contractor and joint employer status, combined with Pennsylvania's presumption-based tests, underscore the need for employers to document classification decisions, conduct periodic reviews, and coordinate across departments to avoid unanticipated employment relationships.
Organizations understand the importance of knowing which of their workers are considered employees and which workers are not. The distinction can affect obligations involving overtime pay, unemployment and workers’ compensation premiums, employment taxes, benefits and anti-discrimination protections.
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Nicole M. Davies
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