Sarah Sise Quoted in HR Dive Article About Implementation and Response to DOL Independent Contractor Rule
Sarah Sise, a St. Louis-based Quarles & Brady partner in the Labor & Employment Practice Group, was quoted in an HR Dive article that discussed the U.S. Department of Labor’s independent contractor rule that became effective March 11. Following this rule, there has been push back and lawsuits that have left employers uncertain about compliance to the new rule.
Sise addressed implications on the employee benefits area in the article.
An excerpt:
Though the final rule is a FLSA regulation, its effects may be felt across other aspects of employment law. One such area is employee benefit plans governed by the Employee Retirement Income Security Act, said Sarah Sise, partner at Quarles & Brady.
That is because prior federal court rulings have held that eligibility to participate in an ERISA plan is based on how employers classify potential participants, rather than on a common law standard, Sise said.
“It’s just understanding the classifications so that a year from now, we don’t have corrections to make because we improperly excluded someone [from an ERISA plan],” Sise said. “That’s going to be a big gotcha.”